S-6.01, r. 2.01 - Pilot project concerning permits and training of certain drivers providing remunerated passenger transportation on the island of Montréal

À jour au 24 août 2017

Ce document a valeur officielle.

not in force

chapter S-6.01, r. 2.01

Pilot project concerning permits and training of certain drivers providing remunerated passenger transportation on the island of Montréal

Act respecting transportation services by taxi

(chapter S-6.01, s. 89.1).

DIVISION I PRELIMINARY

M.O. 2017-08, Div. I.

1. Implementation of the Pilot project concerning permits and training of certain drivers providing remunerated passenger transportation is hereby authorized. The Pilot project applies to the new drivers who enter into a contract of employment with a taxi transportation enterprise holding a taxi transportation service intermediary’s permit or a contract of employment or leasing contract with a taxi transportation enterprise holding or leasing a taxi owner’s permit. The taxi transportation enterprise must operate on the island of Montréal, in particular in taxi areas A-5, A-11 and A-12.

M.O. 2017-08, s. 1.

2. The Pilot project is designed to experiment and innovate with regard to the rules that apply to drivers providing remunerated passenger transportation. It is designed to establish new requirements for the type of permit to be held by such a driver. The Pilot project also modifies the training requirements for drivers by reducing the number of mandatory training hours and placing emphasis on improved customer service and safe transportation. A further purpose is to collect information on all services offered by the holder of a taxi transportation service intermediary’s permit and by the holder of a taxi owner’s permit, particularly as regards service safety and quality, and to study the impact on taxi transportation services.

M.O. 2017-08, s. 2.

3. For the purposes of this Pilot project, the provisions that apply to the holder of a taxi owner’s permit also apply to the holder’s business partner, in accordance with section 11 of the Pilot project to promote taxi transportation services using electric taxis (chapter S-6.01, r. 2.1).

M.O. 2017-08, s. 3.

4. The Minister of Transport, Sustainable Mobility and Transport Electrification authorizes enterprises holding a taxi transportation service intermediary’s permit to provide the training to the new drivers in their employment or referred by the enterprises to a holder of taxi owner’s permit.

The Minister also authorizes enterprises holding a taxi owner’s permit and not doing business with a holder of a taxi transportation service intermediary’s permit to provide the training to the new drivers in their employment.

M.O. 2017-08, s. 4.

5. The training must be of a minimum duration of 35 hours and deal with

(1)  transportation of handicapped persons;

(2)  the quality of the services offered;

(3)  the legal and regulatory framework for transportation by taxi, including the legal framework for the Pilot project; and

(4)  management of operations, the vehicle and any mobile phone application.

The training under subparagraph 1 must be of a minimum duration of 7 hours in accordance with section 25.2 of the Taxi Transportation Regulation (chapter S-6.01, r. 3).

M.O. 2017-08, s. 5.

6. At the end of the training period, the enterprise that trained the driver must have the driver undergo an evaluation of the knowledge the driver has acquired.

M.O. 2017-08, s. 6.

DIVISION II CERTIFICATE OF COMPETENCE FROM THE BUREAU DU TAXI DE MONTRÉAL

M.O. 2017-08, Div. II.

7. The Bureau du taxi de Montréal may issue a certificate of competence to a person for the purposes of the Pilot project certifying that the conditions set out in section 8 are met.

M.O. 2017-08, s. 7.

8. To obtain from the Bureau du taxi de Montréal the issue of a certificate of competence referred to in section 7, a person must

(1)  hold a Class 4C driver’s licence issued under the Regulation respecting licences (chapter C-24.2, r. 34);

(2)  have been the subject of a verification of criminal record carried out by a Québec police force in accordance with section 21.1 of the Taxi Transportation Regulation (chapter S-6.01, r. 3); and

(3)  hold a training certificate confirming the evaluation referred to in section 6 has been successfully completed.

M.O. 2017-08, s. 8.

9. The validity period of a certificate of competence must not exceed the validity period of the Pilot project.

M.O. 2017-08, s. 9.

DIVISION III OBLIGATIONS OF THE HOLDER OF A TAXI TRANSPORTATION SERVICE INTERMEDIARY’S PERMIT

M.O. 2017-08, Div. III.

10. A holder of a taxi transportation service intermediary’s permit wishing to take advantage of the provisions of the Pilot project must first submit for the Minister’s approval,

(1)  the training content;

(2)  the training support documentation for participants and instructors;

(3)  all other instructional aids;

(4)  the evaluation;

(5)  a list of instructors;

(6)  the instructor selection process; and

(7)  any other information requested by the Minister for the purposes of the approval.

Any change in the elements listed in subparagraphs 1 to 6 while the Pilot project is in force must be approved by the Minister before being implemented.

M.O. 2017-08, s. 10.

11. The holder must make sure that every driver the holder hires or refers holds a certificate of competence.

M.O. 2017-08, s. 11.

12. Despite section 11, the holder may hire a driver who does not hold a certificate of competence or refer the driver to a holder of a taxi owner’s permit if the driver holds a Class 4C driver’s licence and a training certificate confirming the evaluation referred to in section 6 has been successfully completed.

Where no verification of criminal record has been carried out, the holder must, before entering into a contract under the first paragraph, have the driver sign a statement of no criminal record, obtain proof that the background check request was made with a Québec police force, and verify the driver’s file through a search of judicial records.

Every contract entered into pursuant to the first paragraph terminates 8 weeks after the date it is entered into unless the driver provides the holder with a certificate of competence.

M.O. 2017-08, s. 12.

13. The holder must issue to the driver with whom a contract has been entered into pursuant to section 12 a temporary identification card on which the driver’s name, identification number and photo appear.

M.O. 2017-08, s. 13.

14. The holder must provide the driver with the training approved by the Minister under section 10. The holder must also issue a training certificate to the driver confirming the evaluation referred to in section 6 has been successfully completed.

M.O. 2017-08, s. 14.

15. In addition to the documents referred to in section 39 of the Taxi Transportation Regulation (chapter S-6.01, r. 3), the holder must, on the same conditions, keep a copy of the certificate of competence, the training certificate issued under section 14, if applicable, a copy of the temporary identification card, the statement of no criminal record and a copy of the judicial record.

M.O. 2017-08, s. 15.

16. Not later than 30 days after the end of a quarter, the holder must submit to the Minister a report stating

(1)  the number of drivers trained;

(2)  the number of drivers who completed the training successfully and the number of drivers who failed to do so;

(3)  the number of potential drivers rejected because of a criminal record incompatible with employment as a driver, and the nature of the offence.

(4)  the number and subject of any complaints received, and the measures taken to remedy the situation; and

(5)  any other element considered essential to the follow-up and assessment of the Pilot project.

For the purposes of this section, the first quarter begins on approval of the holder’s participation in the Pilot project.

M.O. 2017-08, s. 16.

17. At the end of the Pilot project, the holder must submit to the Minister a report on the assessment of the application of the standards and rules prescribed under the Pilot project.

M.O. 2017-08, s. 17.

18. The holder must at all times provide access to driver files to a peace officer, a highway controller designated by the Société de l’assurance automobile du Québec, a person specially authorized by the Minister or an employee authorized for the purpose by a municipal or supramunicipal authority responsible for administering the Act respecting transportation services by taxi (chapter S-6.01).

The file contains the documents and information referred to in section 15.

M.O. 2017-08, s. 18.

19. No holder may hinder, in any manner, a person referred to in section 18, in particular by deceiving the person through concealment or false declaration, by refusing to provide the person with any information or document the person is entitled to require or examine, or by concealing or destroying any document or property relevant to an inspection or examination.

M.O. 2017-08, s. 19.

20. The holder must submit to the Minister, within the requested time, any information the Minister considers necessary for the follow-up and assessment of the Pilot project.

M.O. 2017-08, s. 20.

DIVISION IV OBLIGATIONS OF THE HOLDER OF A TAXI OWNER’S PERMIT

M.O. 2017-08, Div. IV.

21. A taxi transportation enterprise holding a taxi owner’s permit that is not doing business with a holder of a taxi transportation service intermediary’s permit may avail itself of the Pilot project as regards the new drivers in its employment.

The obligations set out in Division III for the holder of a taxi transportation service intermediary’s permit apply in such circumstances to the holder of the taxi owner’s permit, with the necessary modifications.

M.O. 2017-08, s. 21.

DIVISION V OBLIGATIONS OF THE DRIVER

M.O. 2017-08, Div. V.

22. A person who, while the Pilot project is in force, enters into a contract of employment or leasing contract with a taxi transportation enterprise availing itself of the Pilot project to offer remunerated passenger transportation services using an automobile operated under a taxi owner’s permit is a driver within the meaning of the Pilot project.

M.O. 2017-08, s. 22.

23. Under the Pilot project, a driver is not required to hold a taxi driver’s permit issued under the Act respecting transportation services by taxi (chapter S-6.01).

The driver must, however, hold a Class 4C driver’s licence issued by the Société de l’assurance automobile du Québec in accordance with the Highway Safety Code (chapter C-24.2) and a certificate of competence or a temporary identification card.

M.O. 2017-08, s. 23.

24. To enter into or maintain a contract with a holder of a taxi transportation service intermediary’s permit or a holder of a taxi owner’s permit, the driver must not, in the last five years, have been convicted of or charged with

(1)  a criminal offence or an indictable offence committed in connection with the operation of a remunerated passenger transportation service;

(2)  a criminal offence or an indictable offence related to the aptitudes and conduct required to provide passenger transportation services or to carry on the occupation of taxi driver; or

(3)  a criminal offence or an indictable offence related to the trafficking, importation or exportation of narcotics, or to poppy or cannabis production, and provided for in section 5, 6 or 7 of the Controlled Drugs and Substances Act (S.C. 1996, chapter 19).

A driver who is charged with or convicted of a criminal offence or an indictable offence must immediately so inform the holder party to the contract.

M.O. 2017-08, s. 24.

25. The driver must, before providing remunerated passenger transportation, have taken the training described in section 5.

The driver must be in possession of the certificate of competence or the temporary identification card and produce it on request to a peace officer, a highway controller designated by the Société de l’assurance automobile du Québec, a person specially authorized by the Minister or an employee authorized for the purpose by a municipal or supramunicipal authority responsible for administering the Act respecting transportation services by taxi (chapter S-6.01).

M.O. 2017-08, s. 25.

26. When on duty, the driver must display the certificate of competence or the temporary identification card in such manner that a client sitting in the back seat can read the information it contains.

M.O. 2017-08, s. 26.

27. No driver may hinder, in any manner, a person referred to in section 18, in particular by deceiving the person through concealment or false declaration, by refusing to provide the person with any information or document the person is entitled to require or examine, or by concealing or destroying any document or property relevant to an inspection or examination.

M.O. 2017-08, s. 27.

DIVISION VI OFFENCES

M.O. 2017-08, Div. VI.

28. Every holder is guilty of an offence and liable to a fine of $1,000 to $3,000 if the holder

(1)  fails to first submit to the Minister the documents and information required by section 10;

(2)  does not comply with any of the requirements of sections 11 and 12;

(3)  fails to provide training to any new driver;

(4)  fails to issue to the driver the certificate under section 14 confirming successful completion of the training or fails to issue the identification card required by section 13;

(5)  does not keep the documents referred to in section 15;

(6)  omits to submit the information required by sections 17 and 20; or

(7)  fails to provide access at all times to driver files held under section 18 or to produce a document containing an extract from a file.

M.O. 2017-08, s. 28.

29. Every driver is liable to a fine of $700 to $3,000 if the driver

(1)  does not hold a Class 4C driver’s licence;

(2)  provides passenger transportation services after being charged with or convicted of a criminal offence or an indictable offence under section 24 and fails to so inform the holder;

(3)  has not taken the training described in section 5;

(4)  is not in possession of the certificate of competence or the temporary identification card or fails to produce it as required by section 25; or

(5)  fails to display the certificate of competence or the temporary identification card in the manner required by section 26.

M.O. 2017-08, s. 29.

30. Every person who, in any manner, hinders a person referred to in section 18 is liable to a fine of $700 to $3,000 in the case of a natural person and $1,000 to $3,000 in the case of a legal person.

M.O. 2017-08, s. 30.

31. In the case of a subsequent offence under sections 26 to 28, the minimum fine is doubled.

M.O. 2017-08, s. 31.

DIVISION VII TRANSITIONAL, MISCELLANEOUS AND FINAL

M.O. 2017-08, Div. VII.

32. The Société de l’assurance automobile du Québec and every municipal or supramunicipal authority responsible for the administration of the Act respecting transportation services by taxi (chapter S-6.01) must make available to the Minister all information necessary for the Minister to make any decision in connection with the Pilot project.

M.O. 2017-08, s. 32.

33. Until such time as an agreement is entered into under sections 519.65, 519.66 and 519.67 of the Highway Safety Code (chapter C-24.2), highway controllers designated by the Société de l’assurance automobile du Québec are peace officers authorized to oversee application of the Pilot project. For that purpose, they may exercise the powers of inspection and inquiry provided for in sections 66, 67 and 67.1 of the Act respecting transportation services by taxi (chapter S-6.01) and have the immunity provided for in section 67.2 of that Act.

M.O. 2017-08, s. 33.

34. The rules of this Pilot project prevail over any inconsistent provision of the Act respecting transportation services by taxi (chapter S-6.01), its regulations and the regulations of any municipal or supramunicipal authority.

M.O. 2017-08, s. 34.

35. This Pilot project comes into force on 21 September 2017 and terminates on 21 September 2019.

M.O. 2017-08, s. 35.

REFERENCES

M.O. 2017-08, 2017 G.O. 2, 2634