T-12 - Transport Act

À jour au 12 juin 2008

Ce document a valeur officielle.

chapter T-12

Transport Act

DIVISION I DEFINITIONS

1. In this Act, unless the context indicates a different meaning, the following expressions and words mean:

(a)  “means of transport” : anything used for conveyance from one place to another, except the broadcast, transmission and reception of sound, pictures, signs, signals, data or messages by wire, cable, waves or any electrical, electronic, magnetic, electromagnetic or optical means;

(b)  “vehicle” : any means of transport which, most frequently, is self-propelled;

(c)  “transport system” : a system consisting of vehicles or other means of transport;

(d)  “carrier” : any person who:

i.  directly or through a third person transports any person or thing by a means of transport or a transport system;

ii.  (paragraph repealed);

iii.  deals in transport brokerage; or

iv.  leases vehicles;

(e)  “regulation” : a regulation made under this Act by the Government;

(f)  “Minister” : the Minister of Transport;

(g)  (subparagraph repealed);

(h)  “Commission” : the Commission des transports du Québec constituted by section 14;

(i)  “explosive” : any explosive to which the Act respecting explosives (chapter E-22) applies;

(j)  “dangerous substance” : any substance other than an explosive, designated as such by regulation;

(k)  “public hearing” : a public hearing of the Commission held at a sitting to which persons are convoked;

(l)  (subparagraph repealed).

Within the meaning of this Act and except where the Commission acts under the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3), a means of transport is deemed to be owned by a carrier not only when he is the owner thereof but also when he is the lessee, trustee, liquidator, sequestrator or syndic thereof.

For the purposes of this Act, transport brokerage refers to the activities of a person acting as a broker on behalf of an operator of heavy vehicles registered in the bulk trucking register.

1972, c. 55, s. 1; 1974, c. 61, s. 1; 1975, c. 45, s. 1; 1977, c. 5, s. 14; 1981, c. 8, s. 1; 1986, c. 67, s. 1; 1987, c. 97, s. 98; 1988, c. 67, s. 1; 1994, c. 14, s. 31; 1997, c. 43, s. 790; 1998, c. 40, s. 154; 1999, c. 82, s. 1; 2005, c. 39, s. 52.

DIVISION II SCOPE

2. This Act shall apply within the jurisdiction of Québec to:

(a)  vehicles and other means of transport or transport systems, especially those governed by the Highway Safety Code (chapter C-24.2), which are used, travel or are intended to travel within the territorial boundaries of Québec, except ships or aircraft;

(b)  the transport of persons, animals and things by land, air or water from one place to another within the territorial boundaries of Québec by means of vehicles contemplated in paragraph a, or by ship or aircraft, except navigation;

(c)  transport by rail to which the Railway Act (chapter C-14.1) applies;

(d)  transport brokerage and the leasing of vehicles.

This Act applies to transportation by taxi only to the extent provided in the Act respecting transportation services by taxi (chapter S-6.01).

1972, c. 55, s. 2; 1975, c. 45, s. 2; 1981, c. 7, s. 536; 1983, c. 46, s. 108; 1986, c. 91, s. 655; 1987, c. 97, s. 99; 1988, c. 67, s. 2; 1991, c. 59, s. 1; 1998, c. 40, s. 155; 1999, c. 40, s. 322.

DIVISION III POWERS AND REGULATIONS

3. The Minister must prepare a plan of transport systems in Québec, list the transport costs, tariffs and, subject to the approval of the Government take steps to improve them while coordinating and integrating them.

1972, c. 55, s. 3; 1998, c. 8, s. 13.

4. The Minister may grant subsidies for transport purposes.

He may also cause a person designated by him to examine the use made of the subsidies he pays and the nature of the expenses connected with those subsidies.

He may withhold, cancel or reduce the amount of all or part of the subsidies of a recipient who does not comply with a requirement or a condition established for the granting of subsidies.

1972, c. 55, s. 4; 1981, c. 26, s. 1; 1986, c. 67, s. 2; 1989, c. 20, s. 6.

4.1. The Minister may, by order, require any carrier to file an operating report with him, within the time he determines and on the form he prescribes.

The order has effect from the date of its publication in the Gazette officielle du Québec.

1985, c. 35, s. 60.

Not in force

4.1.1. The Minister may, by way of an order taking effect on the date of its publication in the Gazette officielle du Québec, require the persons designated by the Minister from among persons filing a first application for registration, or registered for less than 30 days and for the first time, in the register of operators or the register of owners of heavy vehicles established under the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3) to demonstrate to the Minister, within the time the Minister indicates, the expertise or means available to them to implement in their businesses administrative measures capable of reasonably ensuring the safety of road users on roads open to public vehicular traffic and preserving the integrity of the road network.

The Minister shall request the Commission to make an inquiry, in accordance with the Act respecting owners, operators and drivers of heavy vehicles, if a person subject to an order has not demonstrated the required expertise or means within the prescribed time, or if the demonstration made is unsatisfactory to the Minister. Before making the request to the Commission, the Minister must invite the person to take a professional knowledge test that will allow the person’s expertise to be demonstrated objectively. The Minister may designate a person by agreement or contract to prepare and administer tests for the purposes of this section.

2000, c. 35, s. 1; 2005, c. 39, s. 52.

4.2. The Minister may, by order, authorize a carrier to add safety equipment not regulated under paragraph a of section 5 to a road vehicle used for the transportation of schoolchildren.

The order shall indicate the period and conditions of use of the safety equipment. The order takes effect from the date of its publication in the Gazette officielle du Québec.

1995, c. 52, s. 1.

5. In addition to the other regulatory powers conferred upon it by this Act, the Government may, by regulation,

(a)  establish standards, conditions or modes of construction, use, safe-keeping, upkeep, ownership, possession, rent, hygiene or safety of any means of transport or transport system which it indicates;

Not in force

(a.1)  determine which of the provisions of a regulation relating to the transportation of schoolchildren made under paragraph a constitute an offence and indicate, for each offence, the minimum and maximum amounts of the fine to which the offender is liable, which shall be from $100 to $300, from $400 to $1,200 or from $800 to $2,400, depending on the seriousness of the offence;

(b)  establish and delimit territorial divisions, or authorize the Commission to establish and delimit such divisions in the cases and on the conditions it determines;

(c)  determine what activities require a permit for the transport of persons, provide exceptions to the activities requiring a permit as regards types of persons transported, kinds of carriers, and, where such is the case, as regards the place of the main establishment of such carrier, the kinds of services, the means of transport or transport systems used and the territory or distance covered, and prescribe conditions for the carrying on of such an activity or the availing of such an exception and fix the duration of such exception;

(d)  determine the nature and classes of permits, establish standards permitting the determination of the minimum and maximum number of permits, and prescribe the conditions on which a permit may be issued and those on which a person may hold a permit and provide for exceptions to those conditions;

(e)  prescribe conditions for the maintaining, assignment or transfer of a permit where there is a transfer of ownership or change of control of a means of transport or a transport system, or an acquisition contemplated in section 44;

(f)  determine the minimum or maximum term of a permit, prescribe that a permit is not renewable, exempt a permit from the renewal procedure provided in section 37.1, prescribe the conditions on which a permit may be renewed or reinstated and determine the cases where a permit may be renewed by the administrator of the Commission;

(g)  fix the requirements applicable to the management and financing of means of transport or transport systems, the equipment of carriers, the exchange of equipment and the establishment or change of lines or routes of carriers;

(g.1)  establish the conditions for the issue and renewal of a certificate of competence to drive a bus or minibus used for the transportation of schoolchildren, prescribe the information to be contained in the certificate of competence and authorize a person to issue or renew it, to determine the content of the training course needed to obtain or renew it, to dispense that course and to fix the costs payable therefor;

(h)  (paragraph repealed);

(i)  specify the information contained in a contract which, despite compulsory filing, is not accessible except in the manner and to the extent provided for in the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1);

(j)  grant exemption from payment for a transport service to such persons as it determines;

(k)  adopt tariffs of fees and prescribe annual dues or other duties payable to the Commission and determine the deposits that may be required and the conditions of their return or confiscation;

(l)  (paragraph repealed);

(m)  fix the requirements applicable to a cost estimate, contract or bill of lading in respect of a carrier;

(n)  determine the requirements applicable to estimates, contracts, bills of lading and shipping documents in the case of a carrier or any person to whom the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3) applies;

(n.1)  determine the conditions that an operator of heavy vehicles whose establishments are situated outside Québec must satisfy to be registered in the bulk trucking register;

(n.2)  determine the reasons for which the Commission may grant time to enable an operator to remedy a situation that would entail the removal of the operator from the register;

(o)  determine the duties, powers, rights and obligations of holders of brokerage permits and of operators registered in the register in relation to brokerage service;

(o.1)  prescribe standards of representativeness applicable to holders of brokerage permits;

(o.2)  prescribe administrative, financing and management standards applicable to brokerage companies, especially with respect to the compulsory content of their by-laws, the production of budget estimates and audited financial statements and the qualifications required to hold the office of director;

(p)  (paragraph repealed);

(q)  prescribe the necessary forms for the administration of this Act;

(r)  determine, among the provisions of a regulation under this section, those the violation of which constitutes an offence and prescribe for each offence the minimum and maximum amounts to which the offender is liable, namely from $125 to $375, $250 to $750 or $500 to $1,500, according to the seriousness of the offence and, where applicable, whether the offender is an owner or operator of heavy vehicles, a transport service intermediary, a carrier, a driver or a broker;

(s)  determine the offences under this Act or a regulation thereunder for which a 72-hour notice may be issued.

1972, c. 55, s. 5; 1974, c. 61, s. 2; 1975, c. 45, s. 3; 1981, c. 8, s. 2; 1981, c. 26, s. 2; 1983, c. 46, s. 109; 1985, c. 35, s. 61; 1986, c. 67, s. 3; 1986, c. 92, s. 1; 1987, c. 97, s. 100; 1988, c. 67, s. 3; 1991, c. 59, s. 2; 1993, c. 24, s. 1; 1995, c. 52, s. 2; 1997, c. 43, s. 791; 1998, c. 8, s. 1; 1998, c. 40, s. 156; 1999, c. 40, s. 322; 1999, c. 82, s. 2; 2005, c. 39, s. 52.

5.1. The Government may, by regulation under this Act, confer discretionary powers on the Commission for the issue, renewal, reinstatement or transfer of permits.

For such purpose, the Government may, where required, determine the principles, criteria or factors to be taken into account by the Commission in these matters.

1986, c. 92, s. 2; 1993, c. 24, s. 2.

6. (Repealed).

1975, c. 45, s. 4; 1981, c. 26, s. 3; 1983, c. 46, s. 110; 1986, c. 95, s. 319.

7. (Repealed).

1975, c. 45, s. 4; 1986, c. 95, s. 319.

8. Every regulation concerning transport brokerage services under a government contract, adopted by a brokerage permit holder must be approved by the Minister before coming into force.

The Government, by regulation, may generally or specially transfer the exercise, in whole or in part, of its power of approval under the first paragraph to the Commission.

The Minister or the Commission, as the case may be, may approve all or part of a regulation referred to in the first paragraph or withdraw approval given to all or part of a regulation. In the latter case, the regulation or part of the regulation from which approval is withdrawn ceases to have effect on the date fixed in the notice of withdrawal of approval published in the Gazette officielle du Québec.

1975, c. 45, s. 34 (part); 1981, c. 8, s. 3; 1983, c. 46, s. 111; 1986, c. 67, s. 4; 1999, c. 40, s. 322; 1999, c. 82, s. 3.

8.1. The Government, by order, may suspend in whole or in part, for exceptional events, for such period and in respect of such categories of carriers as it may indicate, the application of a regulation or order, and determine the conditions to be met by a carrier to carry on the activities governed by the regulation or order concerned.

Every carrier shall observe the conditions established by the Government.

1984, c. 23, s. 21.

DIVISION IV

Repealed, 1997, c. 83, s. 28.

1985, c. 35, s. 62; 1997, c. 83, s. 28.

9. (Repealed).

1972, c. 55, s. 6; 1985, c. 35, s. 62; 1997, c. 83, s. 28.

9.1. (Repealed).

1985, c. 35, s. 62; 1997, c. 83, s. 28.

9.2. (Repealed).

1985, c. 35, s. 62; 1997, c. 83, s. 28.

9.3. (Repealed).

1985, c. 35, s. 62; 1997, c. 83, s. 28.

9.4. (Repealed).

1985, c. 35, s. 62; 1997, c. 83, s. 28.

9.5. (Repealed).

1985, c. 35, s. 62; 1997, c. 83, s. 28.

9.6. (Repealed).

1985, c. 35, s. 62; 1997, c. 83, s. 28.

9.7. (Repealed).

1985, c. 35, s. 62; 1997, c. 83, s. 28.

9.8. (Repealed).

1985, c. 35, s. 62; 1997, c. 83, s. 28.

9.9. (Repealed).

1985, c. 35, s. 62; 1997, c. 83, s. 28.

10. (Repealed).

1972, c. 55, s. 7; 1985, c. 35, s. 62; 1997, c. 83, s. 28.

10.1. (Repealed).

1985, c. 35, s. 62; 1997, c. 83, s. 28.

11. (Repealed).

1972, c. 55, s. 8; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1985, c. 35, s. 62; 1997, c. 83, s. 28.

11.1. (Repealed).

1985, c. 35, s. 62; 1997, c. 83, s. 28.

12. (Repealed).

1972, c. 55, s. 9; 1985, c. 35, s. 62; 1997, c. 83, s. 28.

13. (Replaced).

1972, c. 55, s. 10; 1985, c. 35, s. 62.

DIVISION V COMMISSION DES TRANSPORTS

§ 1 . — Constitution of the Commission

14. A body is constituted under the name of “Commission des transports du Québec”.

1972, c. 55, s. 11; 1977, c. 5, s. 14.

15. The head office of the Commission shall be within the territory of Ville de Québec.

It shall have an office within the territory of Ville de Montréal and at any other place determined by the Government.

It may sit at any place in Québec.

The Commission may also hold public hearings in conjunction with any commission, council, board, bureau or other body or person vested under an Act of a province, the Parliament of Canada, another country, or a state or province of another country, the power to control or regulate the operation of a means of transport or a transport system. Such joint public hearings may be held outside Québec.

1972, c. 55, s. 12; 1975, c. 45, s. 5; 1977, c. 5, s. 14; 2000, c. 56, s. 219, s. 220.

16. The Commission consists of 11 members, including a president and two vice-presidents, appointed for a term of not over five years by the Government, which shall fix their salaries and their other conditions of employment.

The members remain in office at the expiry of their terms until they are reappointed or replaced.

1972, c. 55, s. 13; 1975, c. 45, s. 6; 1981, c. 8, s. 4; 1987, c. 97, s. 101; 2001, c. 27, s. 1.

16.0.1. Notwithstanding section 16, the Government may, where it considers that the dispatch of the business of the Commission so requires, appoint any additional member for the time it determines; the Government shall fix the member’s salary and, if applicable, the member’s additional salary, fees or allowances.

2001, c. 27, s. 2.

16.1. One of the vice-presidents shall be appointed to the head office and the other, to the office situated in the territory of Ville de Montréal.

1981, c. 8, s. 4; 2000, c. 56, s. 219.

17. (Repealed).

1972, c. 55, s. 14; 1973, c. 37, s. 2; 1974, c. 61, s. 3; 1975, c. 45, s. 7; 1981, c. 8, s. 5; 1997, c. 43, s. 792.

17.1. The quorum of the Commission is five members including the president, who may designate a member to replace him.

However, an individual decision may be made by a member acting alone and a review decision may be made by three members.

1981, c. 8, s. 5; 1987, c. 97, s. 102; 1997, c. 43, s. 793.

17.2. Every interested person may apply to the Commission for a review of any decision rendered by the Commission in respect of which no proceeding has been brought before the Administrative Tribunal of Québec

(1)  to present a new fact which, if it had been known in due time, might have justified a different decision;

(2)  where, being a party to the issue, he was, for reasons considered sufficient, unable to present observations;

(3)  where a substantial or procedural defect is likely to invalidate the decision.

A decision containing an error in writing or in calculation or any other clerical error may be corrected by the Commission.

1981, c. 8, s. 5; 1986, c. 95, s. 320; 1997, c. 43, s. 794; 1998, c. 40, s. 157.

17.3. An application for a review must give the reasons therefor and be notified to the Commission within 30 days after the date the decision has taken effect.

1981, c. 8, s. 5; 1986, c. 95, s. 321; 1987, c. 97, s. 103; 1997, c. 43, s. 795.

17.4. Where the Commission gives leave for review of a decision, the leave therefor suspends the execution of the decision, unless the Commission decides otherwise in cases of special urgency.

1981, c. 8, s. 5; 1997, c. 43, s. 796.

17.5. (Repealed).

1981, c. 8, s. 5; 1997, c. 43, s. 797.

17.6. If the president or a member of the Commission is absent or unable to act, the Government may appoint another person to replace him temporarily and fix his salary.

1981, c. 8, s. 5; 1999, c. 40, s. 322.

17.7. During his vacation, the president is replaced by the vice-president designated by him; in no case does such a designation entail any additional salary.

1981, c. 8, s. 5.

17.8. The Minister may, after consultation with the president, designate, for such period as he may determine, a person referred to in section 19 to decide, where there is no opposition, an application.

Where an application cannot be granted, it must be referred to a member of the Commission who shall decide it.

1984, c. 23, s. 22; 1986, c. 95, s. 322; 1987, c. 97, s. 104; 1995, c. 52, s. 3; 1997, c. 43, s. 798.

17.9. A decision rendered by a person designated by the Minister under section 17.8 is a decision of the Commission which may be reviewed on the same grounds and in the same manner as any other decision.

1984, c. 23, s. 22; 1986, c. 95, s. 323.

18. (Repealed).

1972, c. 55, s. 15; 1981, c. 26, s. 4; 1981, c. 7, s. 536; 1986, c. 67, s. 5; 1987, c. 97, s. 105.

19. The administrator of the Commission, the secretary, the inquiry commissioners, the investigators and the other members of the personnel of the Commission are appointed in accordance with the Public Service Act (chapter F-3.1.1).

However, the president of the Commission shall exercise in this respect the powers granted by such Act to the chief executive officer of an agency.

1972, c. 55, s. 16; 1978, c. 15, s. 133, s. 140; 1981, c. 8, s. 6; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

20. The members of the Commission shall carry on their duties full time.

1972, c. 55, s. 17; 1981, c. 8, s. 7.

21. No member of the Commission shall, under penalty of forfeiture of his office, have a direct or indirect interest in an undertaking that may put his personal interest in conflict with that of the Commission.

Such forfeiture, however, shall not take place if such interest devolves to him by succession or gift, provided that he renounces or disposes of it with all possible dispatch.

1972, c. 55, s. 18.

22. Decisions of the Commission must be rendered with dispatch, in writing, and state the reasons on which they are based; they shall form part of the records of the Commission.

The Commission shall send forthwith, to the parties and to the Minister, a certified copy of every decision rendered; it shall also send to the Minister, at his request, copy of any other document relevant to any matter.

1972, c. 55, s. 19; 1975, c. 45, s. 8; 1981, c. 8, s. 8; 1986, c. 95, s. 324.

23. A decision of the Commission has effect from the date it is signed or from any later date indicated therein.

1972, c. 55, s. 20; 1974, c. 61, s. 4; 1975, c. 45, s. 9; 1981, c. 8, s. 9; 1981, c. 26, s. 5; 1983, c. 46, s. 112; 1987, c. 97, s. 106.

24. Minutes of the Commission which are approved by the Commission and certified by the president, a member or, to the extent determined by regulation, an officer of the Commission, are authentic. The same applies to documents or copies emanating from the Commission or forming part of its records, except permit certificates.

1972, c. 55, s. 21; 1973, c. 37, s. 1; 1975, c. 45, s. 10; 1997, c. 43, s. 799.

24.1. An act, document or writing is binding on the Commission or may be attributed to it only if it is signed by the president or by a member or an officer of the Commission and, in the latter cases, only to the extent determined by regulation of the Commission.

2001, c. 27, s. 3.

25. The president shall be responsible for the administration of the Commission within the scope of its by-laws.

The members of the Commission are in that respect subject to the supervision, orders and control of the president of the Commission.

The president may prescribe the forms to be used at the Commission, unless they are prescribed by regulation; such forms shall become official only upon publication in the Gazette officielle du Québec.

1972, c. 55, s. 22; 1975, c. 45, s. 11; 1988, c. 21, s. 66; 1997, c. 43, s. 800.

26. The members of the Commission and the other officers and employees of the Commission cannot be sued by reason of official acts done in good faith in the exercise of their functions.

1972, c. 55, s. 23.

27. Except on a question of jurisdiction, no remedy under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of that Code may be exercised and no injunction may be granted against the Commission or against any of its members acting in their official capacity.

A judge of the Court of Appeal may, upon a motion, annul by a summary proceeding any proceeding brought or decision rendered contrary to the first paragraph.

1972, c. 55, s. 24; 1979, c. 37, s. 43; 1997, c. 43, s. 801.

28. The sums derived from the payment of duties and costs shall be paid by the Commission into the Consolidated Revenue Fund.

The fiscal year of the Commission shall end on 31 March each year.

1972, c. 55, s. 25; 1997, c. 43, s. 802.

29. The Commission shall, not later than 30 June each year, submit to the Minister a report of its activities for the preceding fiscal year. The Minister shall lay such report before the National Assembly within thirty days of its receipt if in session or, if not, within ten days of the opening of the next session.

1972, c. 55, s. 26.

30. The books and accounts of the Commission shall be audited by the Auditor General each year and also whenever the Government so orders; the reports of the Auditor General must accompany the annual report of the Commission.

1972, c. 55, s. 27.

§ 2 . — Functions and powers of the Commission

31. The Commission has competence in any matter governed by a regulation made under section 5 or by an ordinance contemplated in section 89.

1972, c. 55, s. 28; 1986, c. 67, s. 6.

32. The Commission may, within the scope of the regulations,

(1)  issue permits and fix the valid period thereof;

(2)  transfer any permit or any right granted by a permit;

(3)  impose conditions and restrictions on the use of a permit and limit the use of certain services of a permit holder to certain users;

(4)  (paragraph repealed);

(5)  receive scales of charges for filing, which may include minimum, maximum or both minimum and maximum charges, and change, suspend or cancel all or some of them;

(6)  perform any other functions conferred on it by law.

1972, c. 55, s. 29; 1974, c. 61, s. 5; 1975, c. 45, s. 12; 1977, c. 41, s. 73; 1981, c. 8, s. 10; 1981, c. 26, s. 6; 1983, c. 46, s. 113; 1984, c. 23, s. 23; 1985, c. 35, s. 63; 1986, c. 67, s. 7; 1998, c. 8, s. 2.

32.1. The Commission shall refuse to issue, renew or transfer a permit where the applicant is unable to prove his compliance with the conditions set out under this Act or the standards, if any, prescribed by regulation.

The same shall apply where the Commission has reasonable grounds to believe, in the exercise of its powers under section 5.1, that such a permit ought not to be issued, renewed or transferred.

1986, c. 92, s. 3.

33. The Commission may, within the scope of its regulations, establish and delimit territorial divisions.

1975, c. 45, s. 13.

34. The Commission may, in its own right or at the request of any interested person, classify the rights granted by permits, and classify the clauses of any permit.

The Government may, by regulation, classify the clauses of the permits it indicates or the rights granted by those permits, fix the duration thereof and determine the conditions and rules applying thereto.

Where the classification is not done in the presence of the persons concerned, the Commission shall notify them of it and give them an opportunity to present observations.

1975, c. 45, s. 13; 1986, c. 92, s. 4; 1997, c. 43, s. 803.

34.1. The Commission may, within the scope of its rules of procedure and internal management, set down principles for the management of its affairs.

1981, c. 8, s. 11; 1983, c. 46, s. 114; 1986, c. 92, s. 5; 1997, c. 43, s. 804; 1998, c. 40, s. 158.

35. The Commission, when informed that a carrier is endangering public health and safety, may prohibit the carrier from operating any vehicle designated by the Commission and order the Société de l’assurance automobile du Québec to withdraw the registration markers and registration certificate of that vehicle.

However, it shall not issue such an order without first notifying the carrier in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allowing the carrier at least 10 days to present observations. Even if the carrier does not present observations within that time, the Commission must at least receive the observations of its investigator.

Notwithstanding section 23, the Société de l’assurance automobile du Québec must forthwith carry out the Commission’s order and shall not return the registration markers and the registration certificate to the former holder or issue new ones to him without prior authorization by the Commission.

This section does not apply to a person subject to the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3).

1972, c. 55, s. 30; 1977, c. 5, s. 14; 1980, c. 38, s. 18; 1990, c. 19, s. 11; 1997, c. 43, s. 805; 1998, c. 40, s. 159; 2005, c. 39, s. 52.

35.1. The Commission shall compile the information determined by regulation of the Government respecting transport services, on the conditions determined thereby.

1986, c. 92, s. 6.

§ 3 . — Permits

36. Notwithstanding any inconsistent provision of any general law or special Act, no person may act as carrier or provide the services of a means of transport or transport system for direct or indirect remuneration unless he holds the permit prescribed for that purpose by regulation.

The first paragraph does not apply to a public body which, within the scope of its act of incorporation, acts as a carrier or provides a service by the use of a means of transport or a transport system, for direct or indirect remuneration.

Nor does the first paragraph apply to a person who transports other persons travelling along the same route, where only the cost of transportation is shared and no other remuneration is required.

In addition, this section does not operate to require an owner or operator of heavy vehicles, within the meaning of the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3), to obtain a permit under this Act except to the extent provided for therein.

1972, c. 55, s. 31; 1974, c. 61, s. 6; 1975, c. 45, s. 14; 1983, c. 32, s. 1; 1998, c. 40, s. 160; 2001, c. 15, s. 134; 2005, c. 39, s. 52.

36.1. No person may, subject to the exceptions prescribed by regulation, engage in transport brokerage under a government contract unless he holds a brokerage permit issued by the Commission.

No permit is required, however, if no brokerage service can be obtained under a brokerage permit issued by the Commission, at the place of destination of the trip or on the site of road construction, repair or maintenance or of excavation, levelling or demolition work where transport services are required.

1988, c. 67, s. 4; 1999, c. 40, s. 322; 1999, c. 82, s. 4.

36.2. (Repealed).

1988, c. 67, s. 4; 1991, c. 59, s. 3; 1999, c. 82, s. 5.

36.3. A brokerage permit shall be issued for a brokerage zone established by the Commission within a region defined by regulation.

1988, c. 67, s. 4; 1991, c. 59, s. 4.

37. Unless otherwise prescribed by regulation, every permit shall be valid for not over one year, expire on the last day of March each year and may be renewed, with or without changes.

1972, c. 55, s. 32; 1981, c. 8, s. 12; 1984, c. 23, s. 24; 1985, c. 35, s. 64; 1986, c. 92, s. 7.

37.1. Unless otherwise prescribed by regulation, a permit is deemed renewed for one year if, before its expiry date,

(1)  the permit holder has paid to the Société de l’assurance automobile du Québec the duties and fees payable pursuant to section 31.1 of the Highway Safety Code (chapter C-24.2) in order to preserve the right to drive the road vehicle used to provide the transport service authorized by the permit;

(2)  the permit holder furnishes the number of the registration marker of the vehicle used to the Commission.

1984, c. 23, s. 24; 1986, c. 92, s. 8; 1986, c. 91, s. 655; 1987, c. 97, s. 107; 1990, c. 19, s. 11; 1991, c. 59, s. 5.

37.1.1. An application for the reinstatement of a bus transport permit issued before 18 December 1986 or issued on or after that date to replace such a permit may be filed with the Commission within 12 months after the expiry of the permit.

The Commission may reinstate the permit where the applicant shows that it could not be renewed within the prescribed time for a reason provided in the regulation or for any other reason the Commission considers reasonable. The Commission shall, however, hold a public hearing where the reason invoked is not provided in the regulation.

If reinstatement is granted, it is equivalent to renewal of the permit. However, it has effect from the decision of the Commission, and the reinstated permit expires on the date on which it would have expired if it had been renewed.

1993, c. 24, s. 3; 1999, c. 82, s. 6.

37.2. Where a permit has been renewed under section 37.1, the Commission may, in addition to the cases provided for in section 40, on its own initiative or upon request, revoke the permit on any ground provided in section 32.1 or amend it as in the case of a renewal.

The Commission shall, before doing so, notify the permit holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the permit holder at least 10 days to present observations.

1986, c. 92, s. 8; 1997, c. 43, s. 806.

37.3. A renewable permit that is not renewable by the procedure in section 37.1 may be so renewed if an application is submitted to the Commission before its expiry date.

The permit remains in force in such a case until the decision of the Commission becomes executory.

1986, c. 92, s. 8.

38. The Government may, by regulation, authorize the Commission to issue, in such cases and on such conditions as it may determine, special permits for a period of less than one year and temporary permits for a maximum period of 45 days. Such permits shall not be renewed; however, a temporary permit may be converted into a special permit and a special permit into a regular permit, following the procedure provided in the regulations.

1972, c. 55, s. 33; 1974, c. 61, s. 7; 1975, c. 45, s. 15; 1987, c. 97, s. 108; 2001, c. 27, s. 4.

38.1. Where the Commission issues a permit, it may determine periods during which the permit holder may suspend his service.

1985, c. 35, s. 65.

38.2. The Government may, by regulation, authorize the Commission to issue, on such conditions as it may determine, experimental permits to promote the testing of new equipment or transport systems. Such permits shall not be renewed.

1985, c. 35, s. 65; 1986, c. 92, s. 9.

39. Every permit shall be issued in the name of a person who is domiciled in Québec or who has an establishment in Québec which complies with the requirements and other conditions of the regulations of the Government, unless otherwise provided in any agreement reached under section 10 of the Act respecting the Ministère des Transports (chapter M-28), according to law.

1972, c. 55, s. 34; 1973, c. 37, s. 3; 1975, c. 45, s. 16; 1985, c. 30, s. 146; 1999, c. 40, s. 322.

39.1. A brokerage permit shall be issued only to a company constituted as a non-profit legal person or as a cooperative, composed of operators registered in the bulk trucking register.

To obtain a brokerage permit, the company must, in addition to meeting the conditions prescribed by regulation for the issue of the permit, satisfy the standards of representativeness prescribed by regulation, including the standard relating to the date on which the representative character of the company may be ascertained.

1988, c. 67, s. 5; 1999, c. 40, s. 322; 1999, c. 82, s. 7.

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.

40.1. The Commission cannot exercise the power provided for in section 40 without first having notified in writing the person concerned by the permit modification, suspension or revocation or the registration plate or certificate withdrawal, as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and having allowed the person at least 10 days to present observations.

1981, c. 8, s. 13; 1990, c. 4, s. 869; 1997, c. 43, s. 808.

40.2. In the cases referred to in the second and third paragraphs of section 40, the Société de l’assurance automobile du Québec must forthwith carry out the Commission’s order and may in no case return the registration plate and the registration certificate to the former holder or issue new ones to him without prior authorization from the Commission.

1981, c. 8, s. 13; 1990, c. 19, s. 11.

40.3. Notwithstanding section 40, the Commission shall revoke the bus transport permit of a carrier who does not provide, for a period of at least 30 days, the services authorized by his permit unless he demonstrates that the reason for his failure cannot be attributed to him.

1985, c. 35, s. 66.

41. The transfer, in any form, by a carrier, of the ownership or control of a means of transport or a transport system that he operates by virtue of a permit does not effect the transfer of such permit unless the assigning party or the transferee of such means of transport or transport system applies to the Commission for the transfer of such permit, and obtains such transfer from it.

The Commission may, even if there is no regulation applicable, maintain, change, transfer or cancel a permit, in the case of a transfer of ownership or the change of control of a means of transport or a transport system.

1972, c. 55, s. 36; 1975, c. 45, s. 18, s. 39; 1981, c. 8, s. 14.

42. A permit holder shall provide the services his permit authorizes him to provide, on the conditions and by the means or systems prescribed by the regulations applicable to his permit.

1972, c. 55, s. 37; 1981, c. 8, s. 15.

42.1. The holder of a brokerage permit may claim and receive payment in the name of the transport brokerage service subscribers he represents for the transport services provided at his request unless the transport contract or transport brokerage contract provides otherwise.

He shall deposit in a trust account the sums he receives under the first paragraph and administer them in accordance with the administrative and management standards prescribed by government regulation.

1988, c. 67, s. 7; 1999, c. 82, s. 9.

42.2. The holder of a brokerage permit may make representations to the Commission in relation to any matter concerning transport brokerage or registration or entries in the bulk trucking register.

1988, c. 67, s. 7; 1997, c. 43, s. 809; 1999, c. 82, s. 10.

43. No permit holder may discontinue, reduce or extend the services his permit authorizes him to provide or change the conditions thereof without prior authorization from the Commission.

1972, c. 55, s. 38; 1981, c. 8, s. 15.

44. Every person or partnership intending to acquire, directly or indirectly, by purchase, lease, merger, consolidation or otherwise, an interest in the business or undertaking of a person whose main occupation is transport, must give to the Commission notice of the intended acquisition; in such case, the Commission may, within the scope of the regulations, maintain, amend or revoke any permit concerned.

Even if no notice is given, the Commission, in its own right or at the request of the Minister or any interested person, may make an inquiry to determine whether an acquisition within the meaning of the first paragraph has been made and, if so, it may, within the scope of the regulations, maintain, amend or revoke any permit concerned.

In the cases contemplated in the first two paragraphs, the Commission, where there is no regulation applicable, may maintain, amend or revoke any permit concerned.

1972, c. 55, s. 39; 1975, c. 45, s. 19; 1981, c. 8, s. 16; 1997, c. 43, s. 810; 1999, c. 40, s. 322.

45. (Repealed).

1975, c. 45, s. 19; 1981, c. 8, s. 17; 1987, c. 97, s. 109.

§ 4 . — Tariffs

1998, c. 8, s. 13.

46. The Commission may, by regulation, fix tariffs in respect of services for the transport of persons and transport brokerage services referred to in the first paragraph of section 2, including inter-zone brokerage services.

The Commission may also fix a tariff in respect of one or more specific carriers, at the request of those carriers.

The Government may limit the powers of the Commission to fix tariffs. It may, in particular, with regard to a given service or territory, determine that the tariffs are to be fixed by the carriers concerned and filed with the Commission; where such is the case, the Government shall determine by regulation the procedure applicable to the filing of a tariff and the conditions subject to which the tariff comes into force.

1972, c. 55, s. 40; 1975, c. 45, s. 38; 1981, c. 8, s. 18; 1998, c. 8, s. 3; 1999, c. 82, s. 11.

46.1. A draft regulation under section 46 is not subject to the publication requirements set out in section 8 of the Regulations Act (chapter R-18.1).

The fixing of tariffs by regulation is, however, subject to prior consultation. For that purpose, a notice shall be published in a daily newspaper inviting interested persons to present their observations.

1998, c. 8, s. 3.

47. (Repealed).

1975, c. 45, s. 20; 1981, c. 8, s. 19; 1995, c. 52, s. 4; 1998, c. 8, s. 4.

§ 4.1 . — Forest transport contracts

1991, c. 59, s. 7; 1999, c. 82, s. 12.

47.1. Every contract for the forest transport of timber that has been cross-cut, stripped or barked only and that is taken from forests in the domain of the State must be consistent with the stipulations prescribed by regulation; such stipulations may in particular provide for conciliation and arbitration rules.

The stipulations of a forest transport contract may not modify the conditions of employment of the truck drivers of the parties, contained in a collective agreement, or the conciliation and arbitration rules relating thereto.

Failure to meet the requirements of the first paragraph renders the contract null.

1991, c. 59, s. 7; 1999, c. 82, s. 12.

47.2. (Replaced).

1991, c. 59, s. 7; 1999, c. 82, s. 12.

47.3. (Replaced).

1991, c. 59, s. 7; 1999, c. 82, s. 12.

47.4. (Replaced).

1991, c. 59, s. 7; 1999, c. 82, s. 12.

47.5. (Replaced).

1991, c. 59, s. 7; 1999, c. 82, s. 12.

47.6. (Replaced).

1991, c. 59, s. 7; 1999, c. 82, s. 12.

47.7. (Replaced).

1991, c. 59, s. 7; 1999, c. 82, s. 12.

47.8. (Replaced).

1991, c. 59, s. 7; 1999, c. 82, s. 12.

§ 4.2 . — Bulk trucking register

1999, c. 82, s. 13.

47.9. The Commission shall keep and maintain a bulk trucking register for the registration of operators of heavy vehicles to whom a stipulation, contained in a government contract, for the benefit of small bulk trucking enterprises applies.

The name of an operator and the address of the operator’s main establishment constitute public information.

The Commission may, by regulation, after consulting the Commission d’accès à l’information, prescribe that the other personal information contained in the register which it determines constitutes public information.

The opinion of the Commission d’accès à l’information shall be tabled in the National Assembly within 15 days of receiving it or, if the Assembly is not sitting, within 15 days of resumption.

1999, c. 82, s. 13; 2001, c. 27, s. 5.

47.10. Operators of heavy vehicles who, on 31 December 1999, were authorized to transport all the bulk materials described in Group 1 of section 3 of the Regulation respecting bulk trucking (R.R.Q., 1981, c. T-12, r.3), either as holders of a bulk trucking permit issued under this Act or as holders of an intra-provincial truck transport licence issued under Part III of the Motor Vehicle Transport Act, 1987 (Revised Statutes of Canada, 1985, chapter M-12.01), shall be registered.

The Commission shall, for each registration, record in the register the number corresponding to the operating region for which the permit or licence was issued and in which the operator subscribes to the brokerage service operated by a brokerage permit holder.

Where the operator was the holder of more than one permit or licence issued for more than one region, the Commission shall indicate in the register the numbers corresponding to those regions; the numbers shall be replaced by the number corresponding to the region in which the operator registers with the brokerage service. In addition, the Commission must indicate in the register the number of trucks operated under the permits or licences; that number shall be reduced, where applicable, to correspond to the number of trucks registered by the operator with the brokerage service.

Subject to a removal from the register under section 47.13, the registration may be transferred by the Commission at the request of the transferor and the transferee.

1999, c. 82, s. 13.

47.11. Upon request, the Commission may register an operator of heavy vehicles who satisfies the conditions determined by regulation and whose principal establishment is located outside Québec in the territory of a party to the Agreement on Internal Trade.

The operator shall inform the Commission, for entry in the register in accordance with the conditions determined by regulation, of the brokerage zone in which the operator subscribes to the brokerage service and of the number of trucks owned by the operator and registered with the brokerage service.

The registration may not be transferred.

1999, c. 82, s. 13.

47.12. To maintain registration, an operator of heavy vehicles must

(1)  subscribe to the brokerage service operated by the brokerage permit holder in the zone or, where applicable, the territory determined by regulation, in which his principal establishment is located, and, where applicable, register his trucks with the inter-zone brokerage service operated by the regional association recognized in his operating region;

(2)  maintain his principal establishment in his operating region or, where applicable, in the territory determined by regulation or, in the case of an operator referred to in section 47.11, maintain his principal establishment outside Québec;

(3)  register with the brokerage service only trucks registered in his name and the number of which corresponds to the number furnished to the Commission for his operating region;

(4)  pay annually the duties fixed by regulation to the Commission, according to the terms and conditions determined by the Government.

1999, c. 82, s. 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.

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.

§ 4.3 . — Brokerage services

1999, c. 82, s. 13.

47.14. The holder of a brokerage permit shall establish, at the times determined in his by-laws, a priority listing classifying subscribers’ trucks according to their order of priority and, where applicable, their class. The order of priority of the trucks belonging to the same subscriber shall be furnished by the subscriber to the holder of the brokerage permit in accordance with the operating rules of the brokerage permit holder.

The time worked by a subscriber while operating a truck assigned by a brokerage permit holder shall be compiled with the working time allocated to the subscriber pursuant to the operating rules and disciplinary provisions contained in the by-laws of the brokerage permit holder. The brokerage permit holder shall allocate to a new subscriber the average working time of the other subscribers or, in the case of a transfer, the working time of the transferor.

The order of the trucks on the priority list gives priority to subscribers having accumulated the least working time with their first trucks.

1999, c. 82, s. 13.

47.15. Except to satisfy the specific requirements of a request made in accordance with his by-laws, the brokerage permit holder shall distribute the requests for bulk trucking services among his subscribers according to the order of their trucks on the priority list. The assignment is valid for the duration of the service requested or, where applicable, until a new priority list is implemented.

If the subscribers are unable to satisfy the request, the brokerage permit holder shall call upon the services of another brokerage permit holder through the recognized regional association, if any.

1999, c. 82, s. 13.

47.16. The operating rules to which the second paragraph of section 47.14 refers may, in particular, include exclusivity rules that, in the contracts of adhesion between the subscribers and the brokerage permit holder,

(1)  impose on the subscriber the obligation to refer to the brokerage service any request for service received directly from a customer of the brokerage permit holder or any other person to whom the holder has submitted a written offer for the supply of the services concerned;

(2)  prohibit the subscriber from having a third person transport bulk material, without first having solicited the services of the brokerage permit holder.

1999, c. 82, s. 13.

47.17. For the purposes of sections 47.14 to 47.16, the by-laws of the brokerage permit holder may provide that the trucks of a group of subscribers who are related corporations within the meaning of the Taxation Act (chapter I-3) will be classified as if they belonged to a single subscriber, and that the group may designate, as first trucks of the group of related corporations, the number of trucks determined in the by-laws of the holder, without exceeding three.

1999, c. 82, s. 13.

§ 5 . — Procedure

48. The Commission may adopt rules of procedure and rules of internal management.

The name and address of any person who makes an application to the Commission constitute public information.

The Commission may, by regulation, after consulting the Commission d’accès à l’information, prescribe that the other personal information it determines from the information furnished by a person in support of an application constitutes public information.

The opinion of the Commission d’accès à l’information shall be tabled in the National Assembly within 15 days of receiving it or, if the Assembly is not sitting, within 15 days of resumption.

The Commission has all the powers necessary to publish, cause to be published at the expense of the person it designates or make public by any other means any decision or notice required under this Act or the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3).

1972, c. 55, s. 41; 1973, c. 37, s. 4; 1984, c. 23, s. 25; 1997, c. 43, s. 812; 1998, c. 40, s. 161; 2001, c. 27, s. 6; 2005, c. 39, s. 52.

48.1. (Repealed).

1981, c. 8, s. 20; 1987, c. 97, s. 110.

DIVISION V.1 REGIONAL ASSOCIATION OF TRUCKERS SUBSCRIBING TO A BROKERAGE SERVICE

1991, c. 59, s. 8; 1999, c. 40, s. 322.

48.2. A regional association of truckers that is constituted as a non-profit legal person may be recognized by the Commission where the legal person proves that it represents more than 50% of the subscribers to a brokerage service in the brokerage zones established in its region in accordance with section 36.3, and that it can adequately represent the majority of such subscribers.

1991, c. 59, s. 8; 1999, c. 40, s. 322; 1999, c. 82, s. 14.

48.3. The principal functions of a regional association recognized by the Commission are to represent the subscribers to a brokerage service, and to promote their interests, in particular by improving and promoting truck transportation of bulk materials, by establishing social benefits and by organizing administrative services for brokerage companies.

For the purposes of the first paragraph, the association may

(1)  enter into contracts with consignors for the transport of bulk material under a government contract, to the extent that such transport is referred, in accordance with the rules determined in its by-laws, to a brokerage permit holder for distribution among the operators who subscribe to its inter-zone brokerage service;

(2)  refer, in accordance with the rules determined in its by-laws, any transport under a government contract that exceeds the capacities of the subscribers of a brokerage permit holder to other brokerage permit holders for distribution among the operators who subscribe to its inter-zone brokerage service;

(3)  (subparagraph repealed);

(4)  make representations to the Commission with respect to any matter relating to transport brokerage or registration and entries in the bulk trucking register.

1991, c. 59, s. 8; 1997, c. 43, s. 813; 1998, c. 8, s. 13; 1999, c. 40, s. 322; 1999, c. 82, s. 15.

48.4. Every subscriber to a brokerage service supplied under a brokerage permit is entitled to be a member of a regional association recognized by the Commission in his region, and may participate in its activities and administration.

1991, c. 59, s. 8; 1999, c. 40, s. 322.

48.5. (Repealed).

1991, c. 59, s. 8; 1999, c. 40, s. 322; 1999, c. 82, s. 16.

48.6. (Repealed).

1991, c. 59, s. 8; 1999, c. 40, s. 322; 1999, c. 82, s. 16.

48.7. To ensure that members’ interests are protected, the Commission may designate a person to be responsible for inquiring into the management or activities of a regional association.

The person so designated is vested for the purposes of an inquiry with the immunity and powers of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1991, c. 59, s. 8; 1999, c. 40, s. 322.

48.8. Following an inquiry report of the Commission which shows that protection of the interests of members of the regional association is not ensured, the Government may order that the powers of that association be suspended for such period as it may determine, and appoint an administrator who shall exercise the powers of the board of directors. In urgent cases, however, the Government may act without waiting for the inquiry report.

1991, c. 59, s. 8; 1999, c. 40, s. 322.

48.9. The administrator appointed by the Government may, in the interest of the members of the association and subject to the rights of third persons in good faith, cancel any decision made by the association.

1991, c. 59, s. 8; 1999, c. 40, s. 322.

48.10. The administrator shall present to the Government, as soon as practicable, a complete report of his findings together with his recommendations.

The administrator has the powers and immunity of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1991, c. 59, s. 8.

48.11. Following the report of the administrator, the Government may

(1)  lift the suspension of the powers of the board of directors;

(2)  order the holding of a special meeting of the members of the regional association in order to elect new directors.

1991, c. 59, s. 8; 1999, c. 40, s. 322.

DIVISION V.1.1 FORUM OF STAKEHOLDERS IN THE GENERAL FREIGHT TRUCKING INDUSTRY

§ 1 . — Establishment of Forum

48.11.1. The “Forum of stakeholders in the general freight trucking industry” is hereby established.

The object of the Forum is to encourage dialogue between the major stakeholders in the general freight trucking industry in Québec as regards the various commercial practices prevailing in the industry.

“Stakeholders in the general freight trucking industry” or “industry stakeholders” means freight movers and clients operating in the motor freight transportation sector. “Client” means an operator of heavy vehicles, a transport service intermediary or a person requesting or participating in the arranging of transportation within the meaning of the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3) who enters into a motor freight transportation contract with a freight mover. “Motor freight transportation” means transportation by heavy vehicle of any goods or materials except the exclusive transportation of goods and materials expressly excluded by a government order made under this section. “Freight mover” means a person who owns or holds a right within the meaning of section 2 of the Highway Safety Code (chapter C-24.2) in respect of a single tractor truck registered in Québec, who usually only drives that tractor truck and whose principal business activity consists in driving that tractor truck.

The fact that a freight mover drives a tractor truck belonging to a partnership or legal person controlled by the freight mover is no obstacle to the application of this division. If a tractor truck is owned by two or more persons, the person whose principal activity consists in driving that tractor truck is deemed to be a freight mover provided the person meets the other conditions established in this section.

2000, c. 35, s. 2; 2005, c. 39, s. 52.

48.11.2. More particularly, the mandate of the Forum is

(1)  in keeping with the public interest as well as government agreements on public procurement, to see to the drafting of one or more model contracts pertaining to any subject agreed upon by the Forum and designed to establish the various rights and obligations of the parties as regards business transactions between a freight mover and a client; such a model contract may in particular provide for the considerations essential to the making of a contract, the terms and conditions of payment, the determination of the distance travelled and the price variations of certain products and services;

(2)  to establish effective dispute settlement processes in the general freight trucking industry within the meaning of this division;

(3)  to propose to the Minister requirements to be made applicable to estimates, contracts, bills of lading and documents binding between a freight mover and a client;

(4)  to promote compliance by industry stakeholders with the agreements referred to in paragraph 1 and, where applicable, with the requirements ordered by the Government under paragraph n of section 5;

(5)  to express its opinion on issues of concern to industry stakeholders which it takes up or which are referred to it by the Minister; and

(6)  to establish a strategic plan, to be adjusted annually, setting out the objectives pursued, priorities established and results expected by the Forum, and including, in respect of the industry stakeholders, development projections over three years.

2000, c. 35, s. 2.

48.11.3. The Forum shall be composed of a chair and no more than 10 other members.

Three members shall be appointed by the Minister, upon the designation of their respective group, to represent the three major groups of clients that do business with freight movers. In addition, the Minister, after consulting with those three members, shall appoint two other members upon the designation of their respective group and shall assign a number of votes to them. For the designation of the three members representing the major clients groups, the Minister shall select three groups and assign a certain number of votes to them according to the Minister’s analysis of the data contained in the research report dated 17 February 2000 entitled “Étude de la situation de travail des camionneurs du Québec”.

No more than five members shall be appointed by the Minister, upon designation of their respective group, to represent the five major groups of freight movers certified by the Commission. The Commission shall assign a number of votes to each such freight movers group in accordance with section 48.11.15.

2000, c. 35, s. 2.

48.11.4. The Government shall appoint the chair of the Forum.

2000, c. 35, s. 2.

48.11.5. The members of the Forum shall be appointed for a term of no more than three years. On the expiry of their term, the members shall remain in office until replaced or reappointed.

Any member of the Forum, except the chair, may be generally or specially represented at meetings of the Forum.

2000, c. 35, s. 2.

48.11.6. The Government shall determine the remuneration, employee benefits and other terms of employment of the chair.

The other members of the Forum shall receive no remuneration, except in such cases, on such conditions and to such extent as may be determined by the Government. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2000, c. 35, s. 2.

48.11.7. The quorum at meetings of the Forum is seven members, including at least three representatives of clients groups and three representatives of freight movers groups. However, if less than five freight movers groups have been certified by the Commission, the quorum is six members including at least three representatives of clients groups and two representatives of freight movers groups.

2000, c. 35, s. 2.

48.11.8. The chair shall call and preside at the meetings of the Forum and ensure that they are properly conducted. The chair shall decide any question of procedure. Decisions of the chair are final.

The Forum shall meet at least once every three months at the place determined by the chair. At such quarterly meetings, only the members who are present may constitute a quorum, even if other members take part in the meeting by means of equipment authorized by this Act.

Six members may require that the chair call a special meeting. The special meeting must be held within five days after the requisition is received.

2000, c. 35, s. 2.

48.11.9. The members of the Forum may, if they all agree, take part in a meeting by means of telephone or other communications equipment enabling all participants to hear one another. The participants are, in such a case, deemed to have attended the meeting.

2000, c. 35, s. 2.

48.11.10. Other than the chair, who has only one vote, the members of the Forum present at a meeting have the following number of votes :

(1)  the members representing clients groups have the number of votes and fractions of votes, out of a total of 15 votes, assigned to each by the Minister under the second paragraph of section 48.11.3;

(2)  the members representing freight movers groups have the number of votes and fractions of votes, out of a total of 15 votes, assigned to each by the Commission pursuant to section 48.11.15.

2000, c. 35, s. 2.

48.11.11. The Minister shall designate a secretary for the Forum from among the employees in the Minister’s department.

2000, c. 35, s. 2.

48.11.12. The minutes of a meeting of the Forum, approved by the Forum and certified by the chair, are authentic, as are documents and copies emanating from the Forum or forming part of its records if certified by the chair or by a person authorized by the chair.

2000, c. 35, s. 2.

48.11.13. The Forum may form committees to examine particular matters, especially to evaluate the use and application of model contracts, determine their mode of operation and designate their members.

2000, c. 35, s. 2.

48.11.14. The Forum may, by resolution, certify persons to arbitrate disputes between a freight mover and a client, in accordance with the rules of civil law or particular rules established by the Forum.

2000, c. 35, s. 2.

§ 2 . — Certification by the Commission

48.11.15. A group of freight movers forming a cooperative, syndicate, union, federation or confederation or a non-profit legal person may be certified by the Commission if the group shows that it represents at least 10% of freight movers, according to the list established by the Commission, and that it is able to offer group and individual services to freight movers in keeping with the objects set out in its articles of constitution or letters patent.

The Commission shall certify a maximum of five groups of freight movers as the major freight movers groups, assign to each such group a number of votes and fractions of votes and notify the Minister. The votes and fractions of votes shall be allocated among the groups in proportion to the number of freight movers, whether members or affiliates, that each certified group represents in relation to the total number of freight movers represented by other certified groups.

An “affiliate” means a freight mover who is not a member of a certified group of freight movers and who must, where applicable, pay a contribution to such a group pursuant to section 48.11.18.

The Commission shall request a freight mover whose name appears among the members of at least two groups referred to in the first paragraph to state in writing which of the groups the freight mover wishes to be included in.

2000, c. 35, s. 2.

48.11.16. On or before 15 August 2000, the Commission shall establish the list of freight movers referred to in the first paragraph of section 48.l1.15 on the basis, in particular, of the information referred to in section 49 of the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3). The list shall be revised every three years by the Commission.

The names and addresses of the freight movers on the list constitute public information.

The Commission may, by regulation, after consulting the Commission d’accès à l’information, prescribe that the other personal information contained in the list which it determines constitutes public information.

The opinion of the Commission d’accès à l’information shall be tabled in the National Assembly within 15 days of receiving it or, if the Assembly is not sitting, within 15 days of resumption.

Following a revision of the list, the Commission shall notify the chair of the Forum of stakeholders in the general freight trucking industry and the Minister of the representativeness of the five major certified groups and of the number of votes and fractions of votes assigned to each.

2000, c. 35, s. 2; 2001, c. 27, s. 7; 2005, c. 39, s. 52.

48.11.17. The functions of a certified freight movers group shall consist in representing all its members and affiliates and promoting their interests, in particular through the improvement of the commercial practices of industry stakeholders, the promotion of services and employment benefits for freight movers, the distribution of information relevant to the commercial operations of freight movers, and the promotion of logistical and administrative services for their businesses.

2000, c. 35, s. 2.

48.11.18. Every freight mover who is not a member of a certified freight movers group must, to avoid having the Commission prohibit his or her heavy vehicle from being put into operation or operated pursuant to the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3), pay to the certified group of his or her choice the annual contribution fixed at a special meeting of the members of the group for the financing of the group’s activities.

Every freight mover, whether a member or an affiliate of the certified freight movers group to which he or she pays a contribution, has the right to vote at the special meeting at which the annual contribution is fixed and has only one vote. Where a certified group of freight movers is affiliated with an organization, a member or affiliate only has a right to vote at a special meeting of the group even if certain rules of the organization provide for special mechanisms, as regards contributions for the financing of its activities, that apply to all groups with which it is affiliated.

This section shall operate only if more than 50% of the persons named on the list of freight movers established in accordance with section 48.11.16 decide in favour of its application, either personally or through the certified group to which they belong. The Commission shall agree with the certified freight movers groups on the procedure to be determined by the Commission to allow the results of the decision to be established and published and, where applicable, to ensure that contributions are paid.

This section does not apply to a freight mover to which a collective agreement, within the meaning of the Labour Code (chapter C-27) or the Canada Labour Code (Revised Statutes of Canada, 1985, chapter L-2), applies and who pays dues to a certified association not certified by the Commission as a freight movers group.

2000, c. 35, s. 2; 2005, c. 39, s. 52.

48.11.19. In order to ensure that the interests of freight movers are adequately protected, the Commission may direct any person it designates to inquire into the management or the activities of a certified freight movers group.

The person so designated shall have for the purposes of the inquiry the powers and immunities of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

2000, c. 35, s. 2.

48.11.20. Following an inquiry report showing that the interests of freight movers are not being adequately protected, the Commission may cancel the certification of the group concerned. In that case, the Commission shall notify the Forum of stakeholders in the general freight trucking industry and the Minister.

2000, c. 35, s. 2.

§ 3 . — Provisions accessory to contracts between a freight mover and a client

48.11.21. In the performance of a contract between a freight mover and a client, any clause the effect of which is to cause a freight mover who effects part of the freight movement to assume all of the risks and be liable for all freight charges and transportation costs is null.

In addition, any clause in such a contract that materially compels a freight mover to contravene a legislative or regulatory provision respecting the safety of road users on roads open to public vehicular traffic or the preservation of the integrity of the road network is null.

2000, c. 35, s. 2.

48.11.22. The Government may, by order, ratify any model contract proposed by the Forum of stakeholders in the general freight trucking industry and perform any act necessary to promote its use.

2000, c. 35, s. 2.

48.11.23. Except where a formal agreement is reached between the major industry stakeholders during the proceedings of the Forum of stakeholders in the general freight trucking industry, the Government may, as of 1 October 2000, by a regulation proposed by the Minister after consulting the Minister of Labour, enact requirements in respect of each and every one of the objects referred to in paragraph 1 of section 48.l1.2.

Such requirements are deemed to have been enacted under paragraph n of section 5 and to apply to all freight movers and clients. Every first proposed regulation under this section may, notwithstanding section 11 of the Regulations Act (chapter R-18.1) be made or submitted for approval as early as the fifteenth day following its publication in the Gazette officielle du Québec.

2000, c. 35, s. 2.

DIVISION V.2 TRANSPORTATION OF STUDENTS

1993, c. 24, s. 4.

48.12. To drive a bus or minibus used for the transportation of schoolchildren, within the meaning of Division I of Chapter IV of Title VIII of the Highway Safety Code (chapter C-24.2), a person must hold a certificate of competence issued in accordance with a regulation of the Government.

1993, c. 24, s. 4.

48.13. To obtain a certificate of competence, the person must have followed a training course dispensed by a person authorized to do so by regulation, have paid the costs determined by that person for the course and have satisfied that person’s requirements for successful completion of the course.

1993, c. 24, s. 4.

48.14. Every driver of a bus or minibus used for the transportation of schoolchildren must carry his certificate of competence with him.

1993, c. 24, s. 4.

48.15. The driver of a bus or minibus used for the transportation of schoolchildren must hand over his certificate of competence for inspection at the request of a peace officer.

The peace officer must return the certificate to its holder as soon as he has inspected it.

1993, c. 24, s. 4.

48.16. No owner, lessee or person having control of a bus or minibus used for the transportation of schoolchildren may allow the bus or minibus to be driven by a person who is not the holder of the certificate prescribed in section 48.12.

1993, c. 24, s. 4.

48.17. A person authorized to issue certificates of competence may issue a temporary attestation to any person having paid the costs of a training course referred to in section 48.13, produced a contract of employment conditional on the successful completion of the course, and paid the cost of issuance of the temporary attestation.

A temporary attestation shall stand in lieu of the certificate referred to in section 48.12 for a period of six months from its date of issue. It may not be renewed.

1996, c. 56, s. 148.

DIVISION V.3 MUNICIPAL PUBLIC TRANSIT SERVICE

2005, c. 6, s. 237.

48.18. A local municipality may, by a by-law a copy of which must be sent to the Minister, organize a public transit service in the territory of the municipality and provide links to points outside the territory. The proposed service must be described in the by-law.

2005, c. 6, s. 237.

48.19. The public transit service may only be supplied by a carrier that is a public body providing public transit, a holder of a bus transport permit, a holder of a taxi permit, a group of taxi permit holders or a school bus carrier under contract with the municipality.

The contract may be made without calling for tenders.

When the contract is made with a school bus carrier, the carrier may use vehicles other than school buses or minibuses. In such a case, the carrier may not use those vehicles to transport pupils.

2005, c. 6, s. 237; 2008, c. 18, s. 111.

48.20. When a municipality organizes for the first time a public transit service other than shared transportation by taxi, and when the holder of a bus transport permit of the class determined by regulation of the Government operates in its territory, the municipality must first deliver its specifications for the proposed public transit service to that permit holder.

Within 30 days following the delivery of the specifications, the permit holder may submit a proposal to the municipality.

The Government may, by regulation, determine the class of bus transport permit a person is required to hold under this section.

2005, c. 6, s. 237.

48.21. Failing an agreement with the permit holder within 90 days following the delivery of the specifications, the municipality may call for tenders.

The municipality must negotiate with the permit holder again within 30 days after the opening of tenders, having notified all the tenderers in writing, and make a contract with the permit holder if the latter agrees to execute it at or below the price of the lowest tender.

No changes may be made to the specifications for the purposes of the call for tenders or the negotiation.

2005, c. 6, s. 237.

48.22. After receiving a copy of the contract made by the municipality to organize a public transit service other than shared transportation by taxi, and despite section 40, the Commission shall amend or, if necessary, revoke any bus transport permit of the class determined by the regulations under section 48.20 authorizing its holder to operate, in the territory of the municipality, a service that would compete with the service provided under the contract. The permit may be amended or revoked only to the extent necessary to eliminate competing services.

This section applies even when the permit holder is a party to the contract. It does not apply when the municipality organizes a public transit service for the first time and the contract is for a period of less than six months.

Before amending or revoking a permit under the first paragraph, the Commission must notify the permit holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the permit holder at least 10 days to submit observations.

2005, c. 6, s. 237.

48.23. Upon making a contract, a local municipality must send a copy to the Minister and to the Commission.

When the contract provides that the remuneration of the carrier is to be based, in whole or for the greater part, on the number of passengers carried, it must indicate, on an annual basis, the number of passengers projected by the parties and contain a clause whereby the municipality undertakes to make up any insufficiency of receipts attributable to a smaller number of passengers than the number projected in the contract.

2005, c. 6, s. 237.

48.24. The municipality shall, by resolution, set the various passenger fares for the classes of users it determines.

The municipality may make changes in the service; the changes are made by by-law, except schedule changes, which may be made by resolution.

A certified copy of any resolution concerning fares or schedules must be published in a newspaper in the territory of the municipality and be posted in every vehicle. No fare or schedule change may come into force before the expiry of 30 days after the date of publication and posting.

The carrier must collect fares and provide the new service. The contract must contain clauses for adjusting the contract price to take account of changes in the service.

2005, c. 6, s. 237.

48.25. A member of the council who proposes that a by-law be adopted to make a change in the service must table a draft by-law. A summary of the draft must be published in a newspaper in the territory of the municipality and be posted in the carrier’s vehicles at least 30 days before the adoption of the by-law.

2005, c. 6, s. 237.

48.26. A copy of a by-law making a change in the service must be sent to the Minister.

2005, c. 6, s. 237.

48.27. When a local municipality makes a by-law under section 48.18 or 48.24 by which it provides for the establishment of links to points outside the territory of the municipality or for changes in those links, the Minister may, within 30 days after receiving a copy of the by-law, disallow it as regards such links. The Minister shall then notify the municipality and cause the decision to be published in the Gazette officielle du Québec.

However, the Minister may inform the municipality before the 30 days expires that the by-law will not be disallowed.

2005, c. 6, s. 237.

48.28. A draft by-law of a council providing for the establishment of links to points within the territory of a public body providing public transit, or for changes in those links, must be sent to the body and to each local municipality whose territory is included in that of the body and is concerned by the proposed route at least 30 days before the date set for the adoption of the by-law.

2005, c. 6, s. 237.

48.29. In the cases provided for in section 48.28, a local municipality, when sending its by-law to the Minister, must attach a copy of the notices it has received from the public body providing public transit and from the municipalities to which the draft by-law has been sent.

2005, c. 6, s. 237.

48.30. On the occasion of a special event, a local municipality may make a contract by resolution and without calling for tenders with a carrier referred to in section 48.19 to provide a temporary public transit service in the territory of the municipality that does not compete with the service provided by the holder of a permit pursuant to that permit.

2005, c. 6, s. 237; 2008, c. 18, s. 112.

48.31. A local municipality may lease or acquire property for the purpose of organizing a public transit service, and entrust the property to the carrier under contract with it. It may also make service contracts.

2005, c. 6, s. 237.

48.32. Transport supplied under sections 48.18 to 48.31 is not under the jurisdiction of the Commission.

2005, c. 6, s. 237.

48.33. The Commission may not issue a bus transport permit or alter the service that the holder of a bus transport permit is authorized to supply in the territory of a municipality, a group of municipalities or an intermunicipal board that organizes a public transit service, without the prior authorization of the municipality, the municipality that is the mandatary of the group of municipalities or the intermunicipal board.

If the municipality or the intermunicipal board does not indicate its refusal to the Commission within 60 days after the Commission’s application for authorization, it is deemed to have given its authorization.

This section does not apply in the case of a cancellation or reduction of service or in the case of the establishment of a new service that does not compete with the public transit service organized by the municipality, the municipality that is the mandatary of the group of municipalities or the intermunicipal board.

2005, c. 6, s. 237.

48.34. For the purposes of this division, unless the context indicates another meaning, the service consists of the routes, frequency and schedule of trips.

2005, c. 6, s. 237.

48.35. A local municipality may take any appropriate measure to promote the organization and operation of public transit services it does not organize itself and to provide support services to the users and organizers of those services.

2005, c. 6, s. 237.

48.36. A local municipality, by resolution, may grant a subsidy to the holder of a bus transport permit that serves the territory of the municipality or maintains a route in the territory.

2005, c. 6, s. 237.

48.37. This division applies, with the necessary modifications, to an intermunicipal board exercising powers under it.

2005, c. 6, s. 237.

48.38. This division does not apply to a municipality whose territory forms part of the territory of a public body providing public transit.

2005, c. 6, s. 237.

DIVISION V.4 MUNICIPAL PUBLIC TRANSIT SERVICE FOR HANDICAPPED PERSONS

2005, c. 6, s. 237.

48.39. A local municipality whose territory is not served by a public transit authority or other public body providing public transport that offers paratransit services must, by resolution, a copy of which must be sent to the Minister of Transport, enter into a contract to make paratransit available within its territory. The nature of the measures to be implemented for the purposes of this section must be described in the resolution.

Similarly, a local municipality may, by resolution, a copy of which must be sent to the Minister of Transport, enter into a contract to provide links to points outside the territory. The nature of the measures to be implemented for the purposes of this section must be described in the resolution.

A contract referred to in the first or the second paragraph may be made without calling for tenders.

2005, c. 6, s. 237; 2008, c. 18, s. 113.

48.40. As soon as the contract is made, the local municipality must send a copy of it to the Minister and to the Commission.

2005, c. 6, s. 237.

48.41. A local municipality, by resolution, shall set the various passenger fares for the classes of users it determines. It may also make changes in the service by resolution.

A certified copy of any resolution concerning fares must be published in a newspaper in the territory of the municipality and be posted in each vehicle. No fare may come into force before the expiry of 30 days after the date of publication and posting.

The carrier shall collect fares and provide the new service. Every contract must contain clauses for adjusting the contract price to take account of changes in the service.

2005, c. 6, s. 237.

48.42. Sections 48.39 to 48.41 apply, with the necessary modifications, to an intermunicipal board exercising powers under those sections.

2005, c. 6, s. 237.

48.43. A local municipality may also make a resolution, a copy of which must be sent to the Minister, to grant a subsidy to a non-profit body that organizes a special transportation service for handicapped persons in the territory of the municipality and, where applicable, provides links to points situated outside the territory. No such subsidy may be granted before the municipality and the body have made an agreement on the service to be operated.

Upon making the agreement, the local municipality must send a copy to the Minister.

2005, c. 6, s. 237.

DIVISION VI INQUIRIES AND INSPECTIONS

1986, c. 95, s. 325.

49. In exercising its powers, the Commission, each of its members and any person designated by the Minister under section 17.8 may inquire into any matter within the competence of the Commission.

1972, c. 55, s. 50; 1981, c. 8, s. 21; 1986, c. 95, s. 326.

49.1. For the purposes of an inquiry under section 49, the Commission, each of its members and any person designated by the Minister under section 17.8 has the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

1981, c. 8, s. 21; 1986, c. 95, s. 326.

49.2. The Minister or the Commission may authorize any person to act as an inspector to ascertain compliance with this Act and the regulations and any other Act which confers jurisdiction upon the Commission.

Any person so authorized to act as an inspector and any peace officer may, in the performance of his duties and on public highways as well as roads open to public vehicular traffic, for purposes relevant to enforcement of this Act,

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

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

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

(4)  require any information relating to the carrying out of the Act and regulations referred to in the first paragraph and the production of any relevant document.

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

1981, c. 8, s. 21; 1986, c. 95, s. 326; 1987, c. 97, s. 111; 1998, c. 40, s. 162; 1999, c. 40, s. 322.

49.3. (Replaced).

1981, c. 8, s. 21; 1986, c. 95, s. 326.

49.4. (Replaced).

1981, c. 8, s. 21; 1984, c. 23, s. 26; 1986, c. 95, s. 326.

49.5. (Replaced).

1981, c. 8, s. 21; 1984, c. 23, s. 27; 1986, c. 95, s. 326.

50. It is forbidden to hinder the work of a member of the Commission, a designated person, a person authorized to act as an inspector, a peace officer or an investigator of the Department in the discharge of his duties, to mislead him by concealment or false declarations, to refuse to give him information or a document he is entitled to require or examine under this Act, or to conceal or destroy any document or property pertaining to an inquiry.

1972, c. 55, s. 51; 1981, c. 8, s. 22; 1984, c. 23, s. 28; 1986, c. 95, s. 327; 1987, c. 97, s. 112.

50.1. Every person authorized by this Act to make an inquiry or inspection must identify himself and show a certificate of his office or, as the case may be, show his badge.

1981, c. 8, s. 22; 1984, c. 23, s. 29; 1986, c. 95, s. 328; 1987, c. 97, s. 113.

DIVISION VII PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1981, c. 7, s. 551; 1981, c. 8, s. 23; 1997, c. 43, s. 814.

51. Any decision of the Commission may be contested before the Administrative Tribunal of Québec by the person concerned, a person objecting thereto or the Attorney General within 30 days of the date on which the decision becomes executory.

1972, c. 55, s. 52; 1981, c. 7, s. 551; 1981, c. 8, s. 23; 1987, c. 97, s. 114; 1997, c. 43, s. 814.

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

1972, c. 55, s. 53; 1978, c. 19, s. 49; 1981, c. 7, s. 551; 1981, c. 8, s. 23; 1997, c. 43, s. 814.

53. The Tribunal shall not, unless there has been an error of law or a significant error of fact in the contested decision, reevaluate the assessment that the Commission made of the principles, criteria or discretionary factors the Commission was required to take into account in making its decision.

1972, c. 55, s. 54; 1981, c. 7, s. 551; 1981, c. 8, s. 23; 1987, c. 97, s. 115; 1991, c. 59, s. 9; 1997, c. 43, s. 814.

54. (Replaced).

1972, c. 55, s. 55; 1981, c. 7, s. 551; 1981, c. 8, s. 23; 1997, c. 43, s. 814.

55. (Replaced).

1972, c. 55, s. 56; 1977, c. 5, s. 14; 1980, c. 38, s. 18; 1981, c. 7, s. 551; 1981, c. 8, s. 23; 1997, c. 43, s. 814.

56. (Replaced).

1972, c. 55, s. 57; 1980, c. 38, s. 18; 1981, c. 7, s. 551; 1981, c. 8, s. 23; 1997, c. 43, s. 814.

57. (Repealed).

1972, c. 55, s. 58; 1981, c. 7, s. 551.

58. (Repealed).

1972, c. 55, s. 59; 1981, c. 7, s. 551.

59. (Repealed).

1972, c. 55, s. 60; 1981, c. 7, s. 551.

60. (Repealed).

1972, c. 55, s. 61; 1981, c. 7, s. 551.

61. (Repealed).

1972, c. 55, s. 62; 1981, c. 7, s. 551.

62. (Repealed).

1972, c. 55, s. 63; 1981, c. 7, s. 551.

63. (Repealed).

1972, c. 55, s. 64; 1981, c. 7, s. 551.

64. (Repealed).

1972, c. 55, s. 65; 1981, c. 7, s. 551.

65. (Repealed).

1972, c. 55, s. 66; 1975, c. 45, s. 21; 1981, c. 7, s. 551.

66. (Repealed).

1972, c. 55, s. 67; 1981, c. 7, s. 551.

67. (Repealed).

1972, c. 55, s. 68; 1977, c. 5, s. 14; 1980, c. 38, s. 18; 1981, c. 7, s. 551.

68. (Repealed).

1972, c. 55, s. 69; 1977, c. 5, s. 14; 1980, c. 38, s. 18; 1981, c. 7, s. 551.

69. (Repealed).

1972, c. 55, s. 70; 1981, c. 7, s. 551.

70. (Repealed).

1972, c. 55, s. 71; 1981, c. 7, s. 551.

71. (Repealed).

1972, c. 55, s. 72; 1979, c. 37, s. 43; 1981, c. 7, s. 551.

72. (Repealed).

1972, c. 55, s. 73; 1981, c. 7, s. 551.

DIVISION VIII PENAL PROVISIONS

1992, c. 61, s. 609.

73. Every person who contravenes section 50 is guilty of an offence and is liable to a fine of not less than $700 nor more than $2,100.

1972, c. 55, s. 74; 1981, c. 8, s. 24; 1986, c. 58, s. 109; 1990, c. 4, s. 870; 1993, c. 24, s. 5; 1998, c. 40, s. 163.

74. Every person who contravenes section 42, the second paragraph of section 47.4 or any provision of this Act, the regulations or an order for which no penalty is otherwise provided or refuses to comply with an order made pursuant to this Act, the regulations or an order or knowingly makes a false declaration respecting a matter before the Commission is guilty of an offence and is liable for each day or part of a day during which the offence continues, to a fine of not less than $125 nor more than $375 for a first offence, and of not less than $250 nor more than $750 for a second or subsequent offence.

1972, c. 55, s. 75; 1975, c. 45, s. 22; 1981, c. 8, s. 25; 1986, c. 58, s. 110; 1990, c. 4, s. 871; 1991, c. 33, s. 141; 1992, c. 61, s. 660; 1998, c. 40, s. 164.

74.1. Every person who contravenes section 36 or section 43 is guilty of an offence and is liable for each day or part of a day during which the offence continues, to a fine of not less than $500 nor more than $1,500 for a first offence, and of not less than $1,500 nor more than $2,500 for a second or subsequent offence.

1981, c. 8, s. 25; 1986, c. 58, s. 111; 1988, c. 67, s. 8; 1990, c. 4, s. 872; 1991, c. 33, s. 142; 1991, c. 59, s. 10; 1998, c. 40, s. 165; 1999, c. 82, s. 17.

74.1.1. Every person who contravenes section 42 is guilty of an offence and is liable, for each day or part of a day during which the offence continues, to a fine of not less than $250 nor more than $750 for a first offence, and of not less than $750 nor more than $2,250 for a second or subsequent offence.

1998, c. 40, s. 165; 1999, c. 82, s. 18.

74.2. A carrier who requires or accepts remuneration for transportation services that differs from the applicable tariff is guilty of an offence and liable to the fine provided for in section 74.1.1, and to an additional fine corresponding to the difference between the remuneration that gave rise to the proceedings and the tariff applicable.

1981, c. 8, s. 25; 1998, c. 8, s. 5; 1998, c. 40, s. 166.

74.2.1. Every person who contravenes section 48.12 is guilty of an offence and is liable to a fine of not less than $250 nor more than $750.

1993, c. 24, s. 6; 1998, c. 40, s. 167.

74.2.2. Every person who contravenes section 48.14 is guilty of an offence and is liable to a fine of not less than $250 nor more than $750.

1993, c. 24, s. 6; 1998, c. 40, s. 168.

74.2.3. Every person who contravenes the first paragraph of section 48.15 is guilty of an offence and is liable to a fine of not less than $250 nor more than $750.

1993, c. 24, s. 6; 1998, c. 40, s. 169.

74.2.4. Every person who contravenes section 48.16 is guilty of an offence and is liable to a fine of not less than $250 nor more than $750.

1993, c. 24, s. 6; 1998, c. 40, s. 170.

74.3. Every person who advises, encourages or incites another person to commit an offence against this Act, the regulations or an order or who does or omits to do something in order to aid another person to commit an offence is a party to that offence whether or not the offender has been prosecuted or found guilty.

1981, c. 8, s. 25; 1995, c. 52, s. 5.

75. (Repealed).

1972, c. 55, s. 76; 1981, c. 8, s. 26; 1990, c. 4, s. 873.

75.1. In any proceeding for a contravention of this Act, the regulations or an order, all services are presumed to be remunerated.

1981, c. 8, s. 26; 1999, c. 40, s. 322.

75.2. (Repealed).

1981, c. 8, s. 26; 1990, c. 4, s. 874.

76. (Repealed).

1972, c. 55, s. 77; 1981, c. 8, s. 27; 1990, c. 4, s. 875.

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

1972, c. 55, s. 78; 1999, c. 40, s. 322.

77.1. Where a peace officer ascertains the commission of an offence under a provision of this Act, a regulation or an order, he may serve a statement of offence on the driver with a notice enjoining the defendant to remedy the offence and to furnish proof thereof within 72 hours.

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

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

1981, c. 8, s. 28; 1992, c. 61, s. 610.

78. (Repealed).

1972, c. 55, s. 79; 1975, c. 45, s. 23; 1992, c. 61, s. 611.

79. (Repealed).

1975, c. 45, s. 23; 1987, c. 97, s. 116.

80. A peace officer may, immediately, when making an inspection under section 49.2,

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

(2)  seize any vehicle where he has reasonable cause to believe that it is being or was used to commit an offence against section 36 or to extend a service authorized by a permit, until the competent court or a judge of such court authorizes the release of the vehicle with a deposit.

The peace officer who has seized the vehicle shall have custody of it until the competent court has decided that it is to be confiscated or returned to its owner, at the owner’s expense.

1975, c. 45, s. 23; 1981, c. 8, s. 29; 1982, c. 59, s. 66; 1986, c. 67, s. 8; 1987, c. 97, s. 117; 1990, c. 4, s. 876; 1992, c. 61, s. 661; 1998, c. 40, s. 171.

80.1. (Repealed).

1984, c. 23, s. 30; 1987, c. 97, s. 118.

DIVISION IX INTERRUPTION OF TRANSPORT SERVICES

81. If the Government is of opinion that the interruption of the operations of a transport system or service endangers education, health or public security, it may appoint an administrator to such a system or service.

Except for transport by navigation, this division does not apply when interruption of the transport service is caused by a labour conflict.

1972, c. 55, s. 157.

82. The administrator appointed under section 81 shall have the right to manage all the property set aside directly or indirectly by the owner for the use of the service upon his appointment or upon the suspension of the operations and the right to manage all the persons employed for the above-mentioned purpose.

1972, c. 55, s. 158.

83. Such administrator shall have power to collect all the revenues of the service and enter into any contract or undertaking which he considers useful or necessary for the above-mentioned purpose. He may contract loans and give security, acquire and dispose of any property and generally do any act he considers necessary or useful to restore or maintain such service.

1972, c. 55, s. 159.

84. The remuneration of the administrator shall be fixed by the Government and it shall be charged to the owner of the service as will any expense incurred by him, less the revenues received.

1972, c. 55, s. 160; 1992, c. 57, s. 704.

85. The administrator may, in such capacity, sue and be sued whenever the owner of the service could sue or be sued but he cannot be prosecuted personally by reason of any act done in good faith in the exercise of his functions.

1972, c. 55, s. 161.

86. No extraordinary recourse contemplated in articles 834 to 850 of the Code of Civil Procedure (chapter C-25) shall be exercised and no injunction shall be granted against the administrator acting in his official capacity.

A judge of the Court of Appeal may, upon motion, annul summarily any writ, order or injunction issued or granted contrary to the preceding paragraph.

1972, c. 55, s. 162; 1979, c. 37, s. 43.

87. Whoever hinders or obstructs an administrator appointed under section 81 in the exercise of a power or duty thus assigned to him or fails to obey a lawful order of such an administrator is guilty of an offence and liable, on summary proceeding, to a fine of not more than $10,000 or imprisonment for not more than two years or to both the fine and imprisonment.

1972, c. 55, s. 163.

88. Upon the report of the Minister attesting that the owner of a transport service is able and willing to resume the service, the Government may revoke the appointment of the administrator appointed under section 81.

1972, c. 55, s. 164.

DIVISION IX.1 FINANCING OF CERTAIN PUBLIC TRANSIT SERVICES

1991, c. 32, s. 262.

88.1. For the purposes of this division,

“motorist” means the person in whose name the registration of a passenger vehicle, within the meaning of the regulation respecting the registration of road vehicles made under section 618 of the Highway Safety Code (chapter C-24.2), is effected by the Société de l’assurance automobile du Québec;

“public transit authorities” means the Agence métropolitaine de transport, the Société de transport de Montréal, the Société de transport de Québec, the Société de transport de l’Outaouais, the Société de transport de Longueuil, the Société de transport de Lévis, the Société de transport de Laval, Société de transport de Trois-Rivières, the Société de transport du Saguenay and the Société de transport de Sherbrooke.

1991, c. 32, s. 262; 1993, c. 67, s. 121; 1995, c. 65, s. 143; 1999, c. 40, s. 322; 2001, c. 23, s. 240; 2001, c. 66, s. 68.

88.2. A contribution of motorists to public transit is hereby established.

Every motorist whose address as entered in the registers of the Société de l’assurance automobile du Québec corresponds to a place situated in the territory of any of the municipalities and Indian reserves listed in Schedule A is bound to pay a contribution. For the purposes of this division and of Schedule A, an Indian settlement is considered a reserve.

The motorist shall pay the contribution upon making payment of the sums exigible for obtaining the registration or of the amounts exigible under section 31.1 of the Highway Safety Code (chapter C-24.2).

A motorist may request the reimbursement of a part of his contribution in the circumstances and on the conditions prescribed by a regulation made pursuant to paragraph 11.0.1 of section 618 of the Highway Safety Code. However, no reimbursement is exigible with respect to a change of address.

1991, c. 32, s. 262.

88.3. The Government may, by regulation, fix the amount of the contribution.

1991, c. 32, s. 262.

88.4. The Société shall collect the contributions of the motorists and, after making the deduction provided for in the second paragraph, remit them monthly to the Minister who shall pay them to the fund for the contributions of motorists to public transit established by section 12.22 of the Act respecting the Ministère des Transports (chapter M-28).

The Société may deduct an amount representing 2% of the contributions collected, to cover administrative expenses.

1991, c. 32, s. 262.

88.5. After consultation with the public transit authorities, the Minister shall establish the conditions of payment to these authorities of the amounts which make up the fund for the contribution of motorists to public transit.

1991, c. 32, s. 262.

88.6. The sums which the Minister must pay shall be apportioned in proportion to the contributions collected, since the preceding payment, in the territory of each metropolitan community and in each region described in Schedule A, as well as in the territory of Ville de Saint-Jérôme.

Every public transit authority shall receive the whole part attributable to its region except the authorities whose territories are situated within the territory of the Communauté métropolitaine de Québec which shall share the part attributable to that territory.

The Government shall determine, by regulation, the criterion of apportionment of the part attributable to the Communauté métropolitaine de Québec between the Société de transport de Québec and the Société de transport de Lévis. Before submitting a draft regulation, the Minister shall consult the interested municipalities and transit authorities.

The conditions of payment established under section 88.5 may provide for the successive use of provisional and final data for the purposes of the apportionment based on the criterion prescribed by the regulation and provide for adjustments as a result of a difference between provisional data and final data.

1991, c. 32, s. 262; 1995, c. 65, s. 144; 2001, c. 23, s. 241; 2002, c. 77, s. 77.

Not in force

88.8

Not in force

. The portion of the sums credited to the Land Transportation Network Fund that corresponds to the proceeds of the fuel tax increase applicable in the territory of the Communauté métropolitaine de Québec is paid by the Minister to the public bodies providing public transport present in that territory to finance the public transit services they organize.

Not in force

The payments are made in accordance with the terms and conditions determined by the Government on the recommendation of the Minister of Transport, who must keep in mind the apportionment rules approved by the Communauté métropolitaine de Québec.

Not in force

Despite section 49 of the Financial Administration Act (chapter A-6.001), the sums required for payments under this section are taken out of the Consolidated Revenue Fund. Such payments must nevertheless be included, in accordance with section 47 of that Act, in the estimates for the Land Transportation Network Fund established by paragraph 1 of section 12.30 of the Act respecting the Ministère des Transports (chapter M-28).

Not in force

Not in force

2010, c. 20, s. 50; 2010, c. 33, s. 34; 2011, c. 18, s. 290.

Section 88.8 comes into force on the date the increase in the fuel tax in the territory of the Communauté métropolitaine de Québec becomes applicable. (2010, c. 20, s. 82, par. 3).

DIVISION X FINAL PROVISIONS

89. The ordinances passed and the decision taken by the Transportation Board under the Transportation Board Act (Revised Statutes, 1964, chapter 228) continue to be in force until repealed or replaced by regulation of the Government or by decision of the Commission within the jurisdiction assigned to each one by this Act. Such ordinances and decisions, however, may be amended by regulation of the Government or by decision of the Commission within the jurisdiction assigned to each one by this Act.

For the purposes of this section, the following orders may be revoked, replaced or changed by regulation of the Government: General Order on Trucking (R.R.Q., 1981, chapter T-12, r. 2), General Order respecting the transport of passengers and goods by water (R.R.Q., 1981 chapter T-12, r. 17), Order respecting permits for a radius of 30 miles from Montréal, Saint-Jérôme and Valleyfield made on 12 September 1960, Order respecting permits for a radius of 30 miles from the district of Greater Montréal, Joliette, Notre-Dame des Prairies and Saint-Paul de Joliette made on 2 December 1971, and Special Order 7225 respecting Trois-Rivières and the town of Bécancour, made on 22 February 1972. Sections 40 and 74 to 80 apply, adapted as required, to any contravention of these orders.

Any other order may be revoked, replaced or changed by the Commission.

1972, c. 55, s. 167; 1975, c. 45, s. 24, s. 36; 1987, c. 97, s. 119.

90. The Minister is responsible for the application of this Act.

1972, c. 55, s. 185; 1981, c. 8, s. 30.

91. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE A

METROPOLITAN COMMUNITIES, MUNICIPALITIES AND INDIAN RESERVES IN THE TERRITORY FOR WHICH A CONTRIBUTION OF MOTORISTS TO PUBLIC TRANSIT IS PAYABLE

1. Communauté métropolitaine de Montréal

2. Communauté métropolitaine de Québec

3. Gatineau region:

Ville de Gatineau

Municipalité de Cantley

Municipalité de Chelsea

4. Trois-Rivières region:

Ville de Trois-Rivières

Paroisse de Saint-Maurice

Wolinak Indian Reserve

5. Saguenay region:

Ville de Saguenay

Municipalité de Saint-Fulgence

Municipalité de Saint-Honoré

Canton de Tremblay

6. Sherbrooke region:

Ville de Sherbrooke

Municipalité d’Ascot Corner

Canton de Hatley

Paroisse de Saint-Denis-de-Brompton

Municipalité de Stoke

7. Ville de Saint-Jérôme

1991, c. 32, s. 263; 1992, c. 53, s. 16; 1993, c. 24, s. 7; 2001, c. 23, s. 242; 2001, c. 66, s. 69; 2002, c. 77, s. 78.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 55 of the statutes of 1972, in force on 31 December 1977, is repealed, except sections 126 to 144, 149 to 156, subsections 2 to 4 of section 165 and sections 166, 168 to 174, 176 to 181 and 186, effective from the coming into force of chapter T-12 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 127 to 129, paragraphs b to d of section 130, sections 131 to 134, paragraphs b and c of section 135, sections 136 to 141, paragraphs b and c of section 142 and section 143 of chapter 55 of the statutes of 1972, in force on 1 November 1980, are repealed effective from the coming into force of the updating to 1 November 1980 of chapter T-12 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 144 of chapter 55 of the statutes of 1972, in force on 1 January 1984, is repealed effective from the coming into force of the updating to 1 January 1984 of chapter T-12 of the Revised Statutes.