Definitions

1  In this Act:

"arterial highway" means an arterial highway as classified under the Highway Act;

"certificate" means a certificate issued under section 5 (6);

"commercial passenger vehicle" means a motor vehicle, other than a scheduled bus, whether available or not for use by the public, that is operated at any time on a highway by, for or on behalf of any person who charges or collects compensation for the transportation of passengers in or on the motor vehicle;

"commission" means the Motor Carrier Commission appointed under this Act;

"compensation" includes any rate, remuneration or reward of any kind paid, payable or promised, or received or demanded, directly or indirectly;

"highway" includes all public streets, roads, ways, trails, lanes, bridges, trestles, ferry landings and approaches, and any other public way;

"licence" means a licence issued under this Act;

"licensee" means the holder of a licence;

"minister" includes a person designated in writing by the minister;

"motor carrier" means a person who operates a scheduled bus or a commercial passenger vehicle, and includes a person who is the holder of a licence;

"motor vehicle" means a vehicle propelled otherwise than by muscular power, and includes any attached trailer, but does not include

(a) airplanes,

(b) the cars of electric and steam railways,

(c) other vehicles running only on rails or tracks, or

(d) motor assisted cycles within the meaning of the Motor Vehicle Act;

"motor vehicle liability policy" means a certificate of insurance issued by the Insurance Corporation of British Columbia in the form, and providing insurance against perils and for amounts, as prescribed by the Insurance (Motor Vehicle) Act and the regulations under that Act;

"motor vehicle related Criminal Code offence" has the same meaning as in the Motor Vehicle Act;

"operate", in respect of a motor vehicle, includes the driving or managing of the motor vehicle;

"passenger" includes a passenger's personal baggage;

"passenger freight" means the personal baggage and goods belonging to a passenger;

"Provincial police force" means the Royal Canadian Mounted Police during that time that police duties are carried out for the government by the Royal Canadian Mounted Police;

"rate" includes any toll, rate, fare, charge, rental or other compensation charged or made by a motor carrier, or by any person on his or her behalf or with his or her consent or authority, in connection with the carriage and transportation of passengers, or the carriage, shipment, transportation, care, handling or delivery of goods, or for any service incidental to the business of the motor carrier and includes any general, individual or joint toll, rate, fare, charge, rental or other compensation of any motor carrier, and any rule, practice, classification or contract of the motor carrier relating to it, and any schedule or tariff of it;

"regular route" and "fixed terminating points" mean respectively the route over which and the points between which a motor vehicle is usually operated and, when operated under a licence, is authorized to be operated;

"scheduled bus" means a motor vehicle that

(a) is available for use by the public, and

(b) is operated at any time on a highway over a regular route or between fixed terminating points and on a regular time schedule by, for or on behalf of any person who charges or collects compensation for the transportation of passengers in or on the motor vehicle;

"service" includes the use and accommodation afforded by, and the equipment, property and facilities employed by, any motor carrier in connection with the operation of a motor vehicle as a scheduled bus or a commercial passenger vehicle;

"superintendent" means the Superintendent of Motor Carriers and includes a person to whom the superintendent delegates his or her powers and duties;

"trailer" means any vehicle that is attached to a motor vehicle to be drawn or propelled by the motor vehicle.

 Exemptions

2  (1)  This act does not apply to a motor vehicle operated for hire while used exclusively in carrying pupils or teachers to or from a school, except as otherwise expressly provided in section 20.

(2)  The commission may, by regulation, with the approval of the Lieutenant Governor in Council, exempt any person or motor vehicle, or class of person or motor vehicle, from the application of any provision of this Act, or may limit or vary the application of it in any manner, and the exemption, limitation or variation is of the same force and effect as if set out in this Act.

(3)  The Lieutenant Governor in Council may make regulations exempting any person or motor vehicle, or class of person or motor vehicle, from the application of any provision of this Act respecting a requirement under section 3, 11 (1) or 12 (1) to carry a certificate or to display a licence plate, or limiting or varying the application of the requirement in any manner, and the exemption, limitation or variation is of the same force and effect as if set out in this Act.

(4)  If there is a conflict between a regulation made under subsection (2) and a regulation made under subsection (3), the regulation made under subsection (3) applies.

 Operating requirements

3  Except as exempted under this Act, a person must not operate on a highway a motor vehicle as a scheduled bus or a commercial passenger vehicle unless

(a) the person, or the person for whom or on whose behalf the motor vehicle is operated, holds a licence,

(b) a certificate and any other prescribed documents are carried in the motor vehicle in the prescribed manner,

(c) a licence plate is displayed on the vehicle in the prescribed manner,

(d) proof of financial responsibility has been given to the Insurance Corporation of British Columbia under section 106 of the Motor Vehicle Act, or a motor vehicle liability policy has been issued in respect of the motor vehicle, and

(e) the person operates the motor vehicle in compliance with

(i)  the terms and conditions of the licence,

(ii)  this Act and the regulations, and

(iii)  the orders of the commission.

 Application for a licence

4  An application for a licence must be made to the commission on a form approved by the commission, and must be accompanied by information the commission requires and by the fees prescribed by the regulations.

 Granting of a licence

5  (1)  On receiving an application for a licence and the required information and proper fees, and after an investigation a panel of the commission consisting of one, 2 or 3 members thinks proper, the panel may grant the licence, in whole or in part, or may refuse the licence.

(2)  On an application for a licence, a panel of the commission may take into consideration, among other matters, the following:

(a) any objection to the application for the licence made by any person already providing transport facilities, whether by highway, water, air or rail, on the routes or between the places that the applicant intends to serve on the ground that suitable facilities are or, if the licence were issued, would be in excess of requirements, or on the ground that any of the conditions of any other licence held by the applicant have not been complied with;

(b) the general effect on other transport services and any public interest that may be affected by the issue of the licence;

(c) the quality and permanence of the service to be offered by the applicant, and the fitness, willingness and ability of the applicant to provide proper service.

(3)  In granting a licence, a panel of the commission may attach to the licence terms and conditions it thinks proper, including any of the following:

(a) a statement of the area, district or territory that may be served;

(b) the points at which or the area, district or territory in which passengers may be taken on or discharged;

(c) the route or routes over which and the points between which motor vehicles may be operated and the intermediate and off route points that may be served by those vehicles;

(d) the classes of transportation service that may be given;

(e) a provision that individual fares must not be charged;

(f) the terminal points from which motor vehicles may be operated;

(g) the routes that may be followed.

(4)  A panel of the commission has the power to determine as a question of fact whether any motor vehicle is being or is to be operated as a scheduled bus or commercial passenger vehicle.

(5)  A panel of the commission must specify in a licence the maximum number of motor vehicles of any class that may be operated under the licence.

(6)  Subject to section 8 and on payment of the prescribed fee, the superintendent must,

(a) if a panel of the commission grants a licence, issue to the licensee

(i)  the number of certificates that the licensee requests or that equals the number of motor vehicles specified in the licence, whichever is less, and

(ii)  the corresponding number of licence plates, and

(b) if a panel of the commission grants an amendment to a licence, issue

(i)  any additional or replacement certificates, or

(ii)  any additional licence plates,

required to implement the amendment.

 Term of a licence

6  (1)  A licence continues in force until a panel of the commission consisting of one, 2 or 3 members cancels or suspends it.

(2)  All certificates and licence plates pertaining to a licence expire on a date specified by the superintendent or on the date the licence is cancelled, whichever occurs first.

 Transfer of licences

7  A licence must not be assigned or transferred except with the approval of a panel of the commission consisting of one, 2 or 3 members, and subject to payment of the prescribed fee and to conditions the panel imposes.

 Refusals

8  (1)  If an applicant for a permit or a licence, an amendment to a licence or an approval of the assignment or transfer of a licence or an applicant for a certificate or licence plate or renewal of a certificate or licence plate

(a) has not, in the current or a preceding year,

(i)  paid all insurance premiums required to be paid under the Insurance (Motor Vehicle) Act,

(ii)  obtained a motor vehicle liability policy for a motor vehicle or trailer owned by the applicant, or

(iii)  paid the fee prescribed for the registration of a motor vehicle or trailer or for a licence or permit for a motor vehicle or trailer owned by the applicant or for a driver's licence,

(b) is indebted to the Insurance Corporation of British Columbia for reimbursement of money paid in respect of a claim,

(c) is indebted to the Workers' Compensation Board because of the applicant's failure to pay an assessment due under the Workers Compensation Act, or

(d) is indebted to the government because of the applicant's failure to pay a fine imposed as a result of a conviction under

(i)  this Act,

(ii)  the Criminal Code, if the applicant was convicted of a motor vehicle related Criminal Code offence,

(iii)  the Motor Vehicle Act,

(iv)  the Commercial Transport Act,

(v)  the Highway Act,

(vi)  the Motor Fuel Tax Act,

(vii)  the Motor Vehicle (All Terrain) Act,

(viii)  the Transport of Dangerous Goods Act,

(ix)  the Transportation of Dangerous Goods Act, 1992 (Canada), or

(x)  the regulations made under an Act referred to in subparagraphs (i) or (iii) to (ix),

the commission or the superintendent, as the case may be, may refuse to issue the permit or to process the application for the licence or the amendment to the licence or approve the assignment or transfer of the licence or refuse to issue or renew the certificate or licence plate.

(2)  If a refusal under this section is due to a person being indebted to the Insurance Corporation of British Columbia for reimbursement of money paid in respect of a claim, the commission or the superintendent, as the case may be, may continue the refusal until

(a) the commission or superintendent is satisfied that the amount of the indebtedness has been fully paid to the corporation, or

(b) the corporation has, in relation to the debt owed to it for reimbursement of money paid in respect of a claim, notified the commission or superintendent that the refusal may be cancelled.

(3)  Subsection (1) (d) applies in respect of

(a) permits or licences granted before, on or after September 14, 1987, and

(b) convictions imposed before, on or after September 14, 1987.

(4)  For the purpose of this section, a person who pays by a cheque, bill of exchange or order to pay, the payment of which is not made by the savings institution on which it is drawn when it is presented for payment, whether in person or through another savings institution, is deemed not to have paid.

(5)  For the purpose of this section, the production of a cheque, bill of exchange or order to pay on which is marked "Pursuant to clearing rules, this item must not be cleared again unless certified" or other words importing that payment was not made by the savings institution, is evidence that payment was not made.

 Exclusive rights

9  A licence is deemed not to confer any perpetual or exclusive right.

 Amendment, suspension and cancellation of licences

10  (1)  A panel of the commission consisting of one, 2 or 3 members may at any time amend or suspend a licence, and may, after a hearing, cancel a licence.

(2)  Without limiting subsection (1), a panel of the commission consisting of one, 2 or 3 members may amend, suspend or cancel a licence for any of the following:

(a) noncompliance by the licensee with any of the terms of the licence, or with this Act or the regulations or any order of the commission;

(b) failure of the licensee to exercise any of the rights and privileges granted in the licence or to provide adequate and efficient service;

(c) conviction of the licensee in any court for any offence against this Act, the Transport of Dangerous Goods Act, the Transportation of Dangerous Goods Act, 1992 (Canada) or the Criminal Code;

(d) suspension or cancellation of a motor vehicle liability policy.

(3)  If, under this section, the licence of a motor carrier is suspended for a period not exceeding 10 days, the commission may, after considering the possible effect of the suspension on innocent third parties and the financial burden on the carrier, set as an alternative to the suspension a pecuniary penalty not exceeding $500 for each day during which, but for this alternative, the suspension would be in effect.

 Display of licence

11  (1)  A licensee must display and preserve the licence issued in respect of a vehicle

(a) on the vehicle, and

(b) in a manner conveniently seen by the public.

(2)  If conditions are attached to a licence, the licensee must preserve and carry them on the vehicle and have them available at all times for the inspection of any person authorized by or under this Act.

 Display of licence plates

12  (1)  A licensee must, in the prescribed manner, affix and display a licence plate issued under section 5 (6) on a motor vehicle operated under his or her licence.

(2)  A licensee who withdraws from service must

(a) promptly report that fact to the commission,

(b) return the licence to the commission, and

(c) return to the superintendent all certificates and licence plates issued to the licensee.

(3)  A peace officer, officer or constable of the R.C.M.P. or the police department of a municipality or a person authorized under section 64 (1) of this Act may

(a) seize a licence plate that he or she finds

(i)  detached from a motor vehicle, or

(ii)  displayed on a motor vehicle that is not operated by or on behalf of a person who holds a valid and subsisting licence, and

(b) hold the licence plate until he or she receives instructions from the superintendent as to its disposal.

(4)  Subsection (3) applies in respect of licence plates and motor vehicles whether on a highway or elsewhere, and for the purpose of subsection (3) the peace officer or constable may enter without warrant the land or premises of any person on or in which there is a motor vehicle.

 Operation in conformity with law

13  A licensee must operate his or her licensed vehicle and conduct his or her business in conformity with the licence and the conditions of the licence, and with this Act and the regulations and orders of the commission.

 Repealed

14  [Repealed 1999-40-8.]

 Municipal licences

15  (1)  Despite any Act, a person who operates a private vehicle in a municipality on arterial highways only is not required to hold a licence in respect of that vehicle under a bylaw of the municipality.

(2)  Despite any Act, a person who operates a scheduled bus or commercial passenger vehicle in a municipality on arterial highways only is not required to hold a licence in respect of that vehicle under a bylaw of the municipality if the person holds a licence under this Act and the vehicle is operated in the municipality in accordance with the licence under this Act.

 Duty to provide information

16  (1)  A motor carrier must provide to the commission all information required by it and must give specific answers to all questions submitted by the commission.

(2)  A motor carrier who receives from the commission any form of return with directions to fill it out must properly fill it out and answer fully and correctly each question contained in it, and must deliver it to the commission within the time prescribed.

(3)  When required by the commission, a motor carrier must deliver to the commission

(a) all documents, books, accounts, papers, and records in his or her possession or control in any way relating to the motor carrier's property or service or affecting his or her business, or verified copies of them, and

(b) complete inventories of the motor carrier's property in a form the commission directs.

 Duty to provide adequate service

17  A motor carrier must maintain his or her property and equipment in a condition to enable the motor carrier to provide, and must provide, according to his or her powers and within the limits of the capacity of his or her vehicles, service to all persons in all respects adequate, safe, efficient, just and reasonable.

 Extensions of service

18  When after a hearing the commission finds that an extension by a motor carrier of his or her existing service would be in the public interest and would, in the judgment of the commission, provide sufficient business to justify the making of the extension, and, in the opinion of the commission, the financial condition of the motor carrier reasonably warrants the capital expenditure required in making the extension, the commission may order the motor carrier to extend his or her service as the commission thinks reasonable and expedient.

 Employees to be notified of regulations and orders

19  (1)  On receipt by a motor carrier of a regulation or order of the commission, the motor carrier must promptly communicate it to each of his or her officers and employees affected by it by delivering to that officer or employee a copy of it, or by posting up a copy in a conspicuous position in a place where the duties of the officer or employee are performed.

(2)  A motor carrier must do all things necessary to secure observance by his or her officers, agents and employees of this Act and of the regulations and orders of the commission.

 Stopping of motor vehicle at railway crossings

20  (1)  If on a highway at a grade crossing of an intersecting railway there is a sign displaying the word "stop", either alone or accompanied by other words, the driver of a motor vehicle operated as a scheduled bus or commercial passenger vehicle on that highway must, before proceeding to cross the railway and while at a distance of not more than 6 m from it, bring the motor vehicle to a full stop.

(2)  Subsection (1) applies in respect of every motor vehicle operated for hire and used in carrying pupils or teachers to or from school.

 Application of Part

21  (1)  This part applies to a motor carrier operating a scheduled bus or commercial passenger vehicle and to an applicant for a licence authorizing the operation of a scheduled bus or commercial passenger vehicle.

(2)  In this Part, "motor carrier" includes the persons referred to in subsection (1).

 Schedules of rates to be filed

22  A motor carrier must file with the commission, in accordance with this Act and the orders and regulations of the commission, schedules showing all rates charged, collected or enforced, or to be charged, collected or enforced by the motor carrier, except if the rates have been set by the commission.

 Adherence to schedules

23  (1)  A motor carrier, and any person acting on behalf of the motor carrier, must not charge, demand, collect or receive any rate for any service except under and in accordance with this Act and the regulations and orders of the commission.

(2)  A person must not charge, demand, collect or receive any rate under any schedule or portion disallowed by the commission.

(3)  A motor carrier, and any person acting on behalf of the motor carrier, must not, without the consent of the commission, directly or indirectly, by any device or in any way, charge, demand, collect or receive from any person a greater, less or different compensation for any service rendered or to be rendered by the motor carrier than that set out in the rates prescribed by the commission, or, if no rates have been prescribed by the commission, in the schedules of the motor carrier applicable to it and filed in the manner provided in this Act.

(4)  A person must not, without the consent of the commission, receive or accept from a motor carrier, or any person acting on behalf of a motor carrier, any service for a compensation greater or less than, or different from, that prescribed.

 Amendment of schedules

24  A time or rate schedule in force may not be amended, supplemented or superseded by a new schedule without the consent of the commission, and in granting any consent under this section the commission may attach terms it thinks proper.

 Disallowance and suspension of rates

25  The commission may disallow or suspend any schedule of rates or any portion that it considers to be unjust or unreasonable or contrary to this Act or the regulations, and may require the motor carrier within the time specified by the commission to substitute rates satisfactory to the commission in place of them or may prescribe other rates in place of the rates disallowed.

 Commission may prescribe rates

26  For the purpose of establishing just and uniform charges, the commission may prescribe the rates to be charged by a motor carrier, and those rates then supersede the rates contained in any schedule filed by the motor carrier.

 Discrimination prohibited

27  (1)  A motor carrier must not make, demand or receive any unduly discriminatory or unduly preferential rate for any service provided by the motor carrier in British Columbia, or any rate otherwise in violation of law.

(2)  A motor carrier must not, as to rates or service, subject any person or locality, or any particular description of traffic, to any undue prejudice or disadvantage, or extend to any person any form of agreement or any facility or privilege, except as are regularly and uniformly extended to all persons in accordance with the powers of the motor carrier and within the limits of the capacity of the motor carrier's vehicles, under substantially similar circumstances and conditions.

 Commission may determine question of discrimination

28  The commission may determine as questions of fact whether or not traffic is or has been carried under substantially similar circumstances and conditions and whether there has in any case been unjust discrimination or undue or unreasonable preference or advantage or prejudice or disadvantage within the meaning of this Act, and the commission is the sole judge of those questions.

 Burden of proof

29  Whenever it is shown that a motor carrier charges one person or class of persons, or the persons in any district, lower rates for the same or similar service than the motor carrier charges to other persons or classes of persons, or to the persons in another district, or makes any difference in treatment in respect of those persons, the burden of proving that the lower rate or difference in treatment does not amount to an undue preference or an unjust discrimination lies on the motor carrier.

 Administration

30  (1)  The minister is charged with the administration of this Act.

(2)  Officers and employees required for this Act may be employed under the Public Service Act.

 Constitution of Motor Carrier Commission

31  (1)  The Motor Carrier Commission is continued, consisting of not less than 7 persons who are to be appointed by the Lieutenant Governor in Council and hold office during pleasure.

(2)  Without limiting the power, authority or jurisdiction conferred by this Act, all powers, authority and jurisdiction that are vested in the British Columbia Utilities Commission by the Utilities Commission Act in respect of public utilities as defined in that Act are vested in the commission in respect of motor carriers, except as otherwise provided in this Act.

(3)  A person who is a member of a body constituted under another Act, or is a member of the public service of British Columbia, may be appointed commissioner.

(4)  One commissioner must be designated by the Lieutenant Governor in Council as chair, and one or more of the other commissioners may be designated a deputy chair.

(5)  In the absence or inability to act of the chair, or if there is a vacancy in the office, a deputy chair must act as chair but, if there is no deputy chair, or no deputy chair present or able to act, another commissioner may act as chair.

(6)  If a deputy chair or commissioner acts instead of the chair, it is conclusively deemed that he or she acted for one of the reasons referred to in subsection (5).

(7)  A vacancy in the membership of the commission does not impair the authority of the remaining commissioners to act.

(8)  The Lieutenant Governor in Council must set the remuneration of the commissioners and the terms and conditions of their appointments.

(9)  If, in the opinion of the Lieutenant Governor in Council, a commissioner is interested in a matter before the commission, or if a commissioner is unable to act because illness, absence or other cause, the Lieutenant Governor in Council may appoint another person to act as commissioner in the place of the commissioner who is interested or unable to act, and may set his or her remuneration.

(10)  The commission may appoint or engage accountants, engineers, legal counsel and other persons having special or technical knowledge necessary for the purpose of assisting the commission to carry out the provisions of this Act.

(11)  The secretary

(a) must keep a record of the proceedings before the commission,

(b) must ensure that every rule, regulation and order of the commission drawn under the direction of the commission is signed by the chair, deputy chair or acting chair, is sealed with the official seal, and is filed in the commission records,

(c) has custody of all rules, regulations and orders made by the commission, and all other records and documents of, or filed with, the commission, and

(d) must carry out the instructions and directions of the commission under this Act or regulations on his or her duties or office.

(12)  On the application of a person and on payment of the fee, the secretary must deliver to the applicant a certified copy of any rule, regulation or order of the commission.

(13)  A commissioner or employee of the commission is not required to give testimony in any civil action to which the commission is not a party about information obtained by him or her in the discharge of his or her duty.

 Commission subject to direction

32  The commission must

(a) comply with any general directive of the minister with respect to the exercise of its powers and functions, and

(b) hold any hearings and conduct any investigations that the minister, in writing, requests and report to the minister on the commission's findings.

 Organization into panels

33  (1)  The chair may organize the commission into panels, each comprised of one or more members.

(2)  [Repealed 2000-10-3.]

(3)  The members of the commission may sit as a commission or as a panel of the commission.

(4)  If members of the commission sit as a panel,

(a) one or more panels may sit at the same time,

(b) the panel has all the jurisdiction of, and may exercise and perform the powers and duties of, the commission, and

(c) an order, decision or action of the panel is an order, decision or action of the commission.

 Repealed

34  [Repealed 2000-10-4.]

 Offices of the commission

35  The commission may maintain offices at the City of Vancouver and at other places in British Columbia it thinks necessary for the proper administration of this Act.

 Transfer of fees to Ministry of Finance and Corporate Relations

36  All fees and costs paid to the commission must, when received, be paid by the commission to the Ministry of Finance.

 Annual report

37  The commission must, on or before July 1 in each year, make a report for the preceding licence year to the Lieutenant Governor in Council showing the following:

(a) the number of the licences of the various classes issued during the year and the revenue derived from them;

(b) summaries of the more important findings, decisions and orders of the commission;

(c) other matters as appear to the commission to be of public interest in connection with the administration of this Act;

(d) matters the Lieutenant Governor in Council directs.

 Information not to be divulged

38  An officer and an employee of the commission must keep secret all information coming to his or her knowledge during the course of any inspection, examination or investigation of any return, account, record, memorandum, book or paper of any motor carrier, except in so far as the officer's or employee's public duty requires him or her to report on or take official action regarding the affairs of the motor carrier, or except in so far as he or she may be authorized by the commission to publish or make known the information.

 General supervision of motor carriers

39  (1)  It is the duty of the commission to regulate motor carriers with the objects of

(a) promoting adequate and efficient service and reasonable and just charges for it,

(b) promoting safety on the public highways, and

(c) fostering sound economic conditions in the transportation business in British Columbia.

(2)  The commission may make investigations, inquiries, regulations and orders it thinks necessary for carrying out the objects referred to in subsection (1).

(3)  [Repealed 1999-40-13.]

(4)  Without limiting subsection (1) or (2), the commission may make regulations and orders governing the following:

(a) the procedure on all applications, proceedings and matters coming before the commission;

(a.1) reconsiderations under sections 54 to 54.2;

(b) the classification of motor carriers and of motor vehicles operated by motor carriers;

(c) the maximum number of passengers or the maximum weight of passenger freight, or both, that may be carried by scheduled buses and commercial passenger vehicles;

(d) the classification and form of licences, the terms on which and the manner in which they must be issued and renewed, the conditions and restrictions to which they are subject, and the issue of duplicates of such licences in the event of loss or destruction of the originals;

(e) the transfer, renewal or assignment of licences;

(f) the form of certificates, the manner in which certificates are to be carried and the issue to licensees of additional certificates;

(g) the display by licensees of licence plates on motor vehicles;

(h) the conditions to be contained in and to become part of all agreements entered into by licensees in respect of their services or in respect of any class of service;

(i) the safety, protection, comfort and convenience of the persons availing themselves of the services of motor carriers;

(j) the conduct of drivers and passengers;

(k) the obligations of motor carriers to the public in respect of the acceptance and carriage of passengers;

(l) [Repealed 1999-40-13.]

(m) the financial responsibility of motor carriers which may be in addition to any motor vehicle liability policy or financial responsibility required under the Motor Vehicle Act or the regulations under that Act;

(n) the time schedules of motor carriers;

(o) the routes over which and the area in which motor carriers may operate;

(p) the rates to be charged by motor carriers and their publication and the prohibition of the carrying of passengers on licensed vehicles without charge;

(q) the hours of work of drivers of motor vehicles operated as scheduled buses or commercial passenger vehicles;

(r) the inspection of scheduled buses and commercial passenger vehicles, and of their operation;

(s) bills of lading;

(t) restrictions as to use of scheduled buses and commercial passenger vehicles;

(u) the carrying of passenger freight on passenger vehicles;

(v) the speed and equipment of scheduled buses and commercial passenger vehicles;

(w) methods of accounting and the keeping of records of the operations of motor carriers;

(x) the providing to the commission by motor carriers of reports of finances, accidents and operations generally;

(y) temporary permits authorizing seasonal or emergency or occasional operation of motor vehicles as scheduled buses or commercial passenger vehicles;

(z) solicitation of business by or on behalf of motor carriers by advertising or otherwise.

(5)  Without limiting subsection (1) or (2), the commission may make regulations and orders governing the following:

(a) the conduct of the business of transportation agents and transportation brokers in relation to motor vehicles;

(b) delegation by the commission of any of its powers and duties to any member or officer of the commission.

(6)  This section is deemed not to authorize the commission to set the speed at which any motor vehicle may be driven at a rate higher than that set by any other Act of the Legislature or any bylaw of a municipality.

(7)  A regulation made under this section is not valid and does not have any force or effect until it has been approved by the Lieutenant Governor in Council.

 Fees

40  For the purposes of this Act, the commission may, by regulation, set the fees to be taken, for the use of the government, for licences or for any other matter within the jurisdiction of the commission, but no such regulation is valid or has any force or effect until it has been approved by the Lieutenant Governor in Council.

 Use of streets in municipalities

41  If a dispute arises between a motor carrier and a municipality as to the use by the motor carrier of any highway, or if any bylaw of a municipality interferes with the operation of any vehicle of a motor carrier on any highway in a municipality, the dispute may be referred to the commission by either the motor carrier or the municipality, and the commission may, by order, after a hearing, permit the use of the highway by the motor carrier, on terms and conditions it thinks proper.

 Hearing of complaints

42  A panel of the commission consisting of one, 2 or 3 members has full jurisdiction to inquire into, hear and determine an application by or on behalf of any person complaining that a motor carrier or other person has

(a) failed to do any act, matter or thing required to be done by this Act or by any regulation, order or direction made under it, or

(b) done or is doing any act, matter or thing contrary to this Act or to any regulation, order or direction made under it.

 Findings of commission conclusive in certain cases

43  The finding or determination of the commission on any question of fact within its jurisdiction is, in all matters or proceedings arising under this Act, binding and conclusive on all persons and in all courts.

 Power of commission to act on its own motion

44  Of its own motion the commission may inquire into, hear and determine any matter or thing that under this Act it may inquire into, hear or determine on application or complaint, and in that case the commission has the same powers as on application or complaint are vested in it by this Act.

 Hearing

45  If an application is made to the commission under this Act, the commission has, unless it is expressly provided in this Act that there must be a hearing, power to determine whether or not a hearing or inquiry must be had, and generally whether any action on the part of the commission must or must not be taken on that application.

 Notice of hearing

46  (1)  If a hearing is to be held, the commission must give notice of the hearing in the manner and to the persons it thinks proper.

(2)  Except as provided in subsection (3), an act of the commission must not be questioned or held invalid on the ground that insufficient notice has been given or that notice has not been given to any person.

(3)  If a hearing is held in respect of the cancellation of any licence, notice of the time and place of the hearing must be given to the licensee, either by personal delivery or by a registered letter addressed to the licensee at his or her last known address, according to the records of the commission.

 Continuing jurisdiction

47  If a power or authority is vested in the commission under this Act, the commission may exercise that power or authority as occasion requires and may at any time alter, suspend or revoke any regulation, order, decision or direction made by it and make others, but if by sections 2, 39 and 40 the exercise of any power or authority is subject to the approval of the Lieutenant Governor in Council, the similar approval is required in respect of the exercise of that power or authority under this section.

 General powers not limited by specific enumeration

48  The enumeration in this Act of any specific power or authority given to the commission must not be held to exclude or limit any power or authority otherwise conferred on the commission in this or any other Act.

 Application of powers of commission

49  (1)  The powers vested in the commission by this Act apply even though the subject matter in respect of which the powers are exercisable is the subject matter of any agreement or statute.

(2)  The powers vested in the commission by this Act apply in respect of service and rates, whether set by or the subject of any agreement or statute or otherwise.

(3)  If the service or rates are set by or are the subject of an agreement, the powers vested in the commission by this Act apply whether the agreement is incorporated in or ratified or made binding by any general or special Act or otherwise.

 Substantial compliance with Act sufficient

50  A substantial compliance with the requirements of this Act is sufficient to give effect to all the orders, rules, regulations and acts of the commission, and an order, rule, regulation or act of the commission must not be declared inoperative, illegal or void for want of form or for any error or omission of a technical or clerical nature.

 Application of orders

51  (1)  The commission, in making any regulation or order under this Act, may make it apply to all cases, or to any particular case or class of case, or to any particular district, or to any person or service.

(2)  The commission may exempt any person or service from the operation of any regulation or order made under this Act for a time the commission thinks expedient.

 Partial and other relief

52  On an application under this Act, the commission may make an order granting all or part only of the relief applied for, or may grant further or other relief in addition to or in substitution for that applied for, as to the commission seems just and proper, as fully in all respects as if the application had been for that partial, further or other relief.

 Terms and conditions of orders

53  The commission may attach to any order terms and conditions it thinks proper.

 Reconsiderations of decisions and orders

54  (1)  Any person may have a decision or order of the commission referred to in subsection (2) reconsidered if, at the reconsideration, the person satisfies the commission that the person is aggrieved by the decision or order and that

(a) evidence not available at the time of the original decision or order has become available, or

(b) the decision or order is inconsistent with the objects expressed in section 39 (1) of this Act or in the regulations.

(2)  The following decisions and orders may be the subject of a reconsideration under subsection (1):

(a) the granting of all or part of a licence or the refusal to grant all or part of a licence;

(b) the attachment of terms or conditions to a licence;

(c) an approval or refusal to approve the assignment or transfer of a licence;

(d) the amendment, suspension or cancellation of a licence;

(e) the determination of an application by or on behalf of any person complaining as set out in section 42;

(f) a decision of the commission under section 24 or 25.

(3)  Subject to this section, a reconsideration under subsection (1) must be applied for

(a) in accordance with the regulations prescribed by the commission under section 39 (4) (a.1), and

(b) within 30 days after the date of the publication by the commission of the decision or order in respect of which the reconsideration is sought.

(4)  Subject to this section and any regulations prescribed by the commission under section 39 (4) (a.1), the commission must determine its own practice and procedure for reconsiderations and, for that purpose, may

(a) make rules governing its practice and procedure and the exercise of its powers, and

(b) establish forms it considers advisable.

(5)  The commission may, before or after notice is provided under section 54.1 (1), dismiss an application for a reconsideration without a hearing if, after examining the request, the commission is satisfied that

(a) the reconsideration has not been applied for in accordance with subsection (3),

(b) the reconsideration is not one to which subsection (2) applies, or

(c) the reconsideration is frivolous, vexatious or trivial or is not brought in good faith.

 Procedures on reconsiderations

54.1  (1)  After a reconsideration is applied for in accordance with section 54 (3), the commission must, unless the reconsideration has been dismissed under section 54 (5), provide to each person who is on record as having been the applicant or an objector at the time of the decision or order in respect of which the reconsideration is sought

(a) notice of the reconsideration, and

(b) a copy of the application for the reconsideration.

(2)  A person to whom notice is given under subsection (1) of this section who intends to make submissions on the reconsideration and who wishes to receive notice under subsection (3) must deliver written notice of that intention to the commission, along with the required fee prescribed by the commission under section 39 (4) (a.1),

(a) within 30 days after the date of the publication by the commission of the decision or order in respect of which the reconsideration is requested, or

(b) if notice under subsection (1) of this section is received by the person more than 16 days after the date of that publication, within 14 days after receipt of the notice.

(3)  The commission must

(a) determine whether oral submissions will be entertained at the reconsideration,

(b) if oral submissions are to be entertained, set a date for the reconsideration hearing, and

(c) publish, and provide to the applicant and to the persons who provided notice in accordance with subsection (2), notice as to whether oral submissions will be entertained at the reconsideration, and

(i)  if oral submissions are to be entertained, notice of the date of the reconsideration hearing, and

(ii)  if only written submissions are to be entertained, notice of the dates on which those submissions must be provided to the commission and to the other parties to the reconsideration.

(4)  If the commission determines under subsection (3) (a) that oral submissions are not to be entertained at the reconsideration but after receiving the written submissions provided under subsection (3) (c) (ii), the commission decides that oral submissions should be entertained, the commission must

(a) set a date for the reconsideration hearing, and

(b) publish, and provide to the applicant and to the persons who provided notice in accordance with subsection (2),

(i)  notice that oral submissions will be entertained at the reconsideration, and

(ii)  notice of the date of the reconsideration hearing.

(5)  The commission may provide notice under subsections (1), (3) and (4)

(a) by ordinary mail,

(b) by personal delivery, or

(c) by fax if the person to whom notice is provided included a fax number in the materials provided to the commission under section 54 (3) or under subsection (2) or (7) of this section.

(6)  Notice provided by ordinary mail under subsection (1), (3) or (4) is deemed to be received by the person to whom it was mailed on the fifth day, Saturdays and holidays excepted, following the date of mailing.

(7)  Any other person may make submissions respecting the reconsideration if that person delivers written notice of his or her intention to do so to the commission, along with the required fee prescribed by the commission under section 39 (4) (a.1), within 14 days after publication by the commission of the notice referred to in subsection (3) (c) of this section.

 Powers of reconsideration panel

54.2  (1)  On reconsideration, the panel of the commission undertaking that reconsideration may

(a) confirm, revoke or vary the decision or order with or without conditions,

(b) refer the matter back to the panel that made the decision or order for a reconsideration, or

(c) make any other order the panel considers appropriate.

(2)  Subject to subsections (3) and (4), a reconsideration under this section is to be on the record.

(3)  If oral submissions are to be entertained at the reconsideration, the panel undertaking the reconsideration may, if evidence that was not known at the time of the original decision or order and could not, with reasonable diligence, have been known at that time, is available, entertain the submission of that new evidence.

(4)  If the panel entertains the submission of new evidence under subsection (3)

(a) the panel may entertain the submission of any other evidence that it deems appropriate, and

(b) despite section 43, the panel is not bound by any finding or determination on a question of fact that was made by the panel that made the original decision or order.

(5)  A decision of a panel under this section may not be further reconsidered under this section.

 Application of Utilities Commission Act

54.3  Except as provided in sections 54 to 54.2, the provisions of the Utilities Commission Act as to appeals on questions of jurisdiction and law apply to regulations, orders and decisions made by the commission under this Act.

 Penalty

55  (1)  A person who commits an offence against this Act or who violates a provision of this Act or of any regulation or order of the commission, or who refuses or neglects to observe or perform any duty or obligation created or imposed by this Act or by any regulation or order of the commission is liable on conviction,

(a) for a first offence, to a penalty of not less than $250 and not more than $500, and

(b) for a subsequent offence, to a penalty of not less than $500 and not more than $1 000.

(2)  Each day's continuance of any violation, refusal or neglect constitutes a new and distinct offence.

(3)  For the purposes of this section, "subsequent offence" means any offence referred to in subsection (1) committed by a person within 5 years after the previous commission by that person of any offence referred to in subsection (1).

(4)  Despite subsection (1), a person who contravenes section 3 (a) is liable on conviction to a penalty of not less than $1 000 and not more than $5 000.

 Specific offences

56  A person commits an offence against this Act if the person

(a) makes any return or provides any information to the commission that is false in any particular,

(b) fails or refuses to prepare and provide to the commission, within the time and in the manner and form required by the commission, any information in the person's possession or under his or her control required by the commission under this Act or the regulations,

(c) on demand, fails or refuses to exhibit to the commission or any person authorized to examine it, any book, paper, account, record or memorandum in the person's possession or under his or her control,

(d) willfully obstructs or interferes with any member, officer or employee of the commission, or any other person in the exercise of the rights conferred or duties imposed by or under this Act or the regulations or orders of the commission,

(e) knowingly solicits, accepts or receives, directly or indirectly, any rebate, concession or discrimination in respect of any service if that service is provided or received in violation of this Act or the regulations or orders of the commission,

(f) being an officer or employee of the commission, or a person having access to or knowledge of any return made to the commission, or of any information procured or evidence taken under this Act other than at a public inquiry or hearing, and who, without first obtaining the authority of the commission, publishes or makes known any information, having obtained the information or knowing it to have been derived from that return, information or evidence, or

(g) being the holder of a licence in respect of a motor vehicle, operates the motor vehicle in contravention of the licence or any of the conditions attached to it.

 Liability for act or omission of employee

57  (1)  In construing and enforcing this Act, or any regulation, order or direction of the commission, the act, omission or failure of any officer, agent or person acting for or employed by a motor carrier, if within the scope of his or her employment, is also deemed to be in every case the act, omission or failure of the motor carrier.

(2)  If an officer, agent or person acting for or employed by a motor carrier, performs an act or omits or fails to do something and, as a result of the operation of subsection (1), the motor carrier is deemed to have performed an act or omitted or failed to do something that results in an offence being committed, a ticket, summons or other document served under the Offence Act is deemed to have been served on the motor carrier if it has been served on the person who is alleged to have performed the act or omitted or failed to do something that resulted in an offence being committed.

 Other liabilities not affected

58  (1)  Nothing in this Act has the effect of releasing or waiving any right of action by the commission or by any person for any right, penalty or forfeiture that has arisen, or that arises, under any law of British Columbia.

(2)  A penalty enforceable under this Act is not a bar to and does not affect the recovery for any right, or affect or bar any action at law or prosecution against any motor carrier or against the directors, officers, agents or employees of any motor carrier.

 Burden of proof

59  In a prosecution under this Act in respect of the operation of a motor vehicle in the transportation of any passenger, proof of the fact that any passenger was being transported by the motor vehicle on a highway is proof, in the absence of evidence to the contrary, that the passenger was being transported for compensation, and the burden is on the defendant in all cases of proving that the motor vehicle operated is of a class or was being operated in a manner different from that alleged in the prosecution.

 Approval of franchise

60  (1)  A privilege, concession or franchise granted by a municipality to a person in respect of the person's operation of a scheduled bus, other than a municipal licence for one year or less, is not valid unless approved by the commission.

(2)  The commission must not give its approval unless, after a hearing, it determines that the privilege, concession or franchise proposed to be granted is necessary for the public convenience and properly conserves the public interest.

(3)  The commission, in giving its approval, may impose conditions as to the duration and termination of the privilege, concession or franchise, or as to equipment, maintenance, rates or service, as the public convenience and interest reasonably require.

 Recovery under guarantee bond

61  A consignor who is entitled to recover from a motor carrier any sum, the payment of which is guaranteed by virtue of a guarantee bond required to be taken out by the motor carrier under this Act or the regulations, is, even though he or she is not a party to the bond, entitled to recover under it the part to which he or she may be entitled, to be determined as provided in section 62, and the right is not prejudiced by the following:

(a) an assignment, waiver, surrender or cancellation of the bond, or of any interest in it, made, caused or suffered by a motor carrier after the happening of the event giving rise to any claim under the bond;

(b) a violation of the Criminal Code or of any law of any province, state or country by the motor carrier or his or her employee or agent.

 Payment into court under bond

62  (1)  If a consignor becomes entitled under the bond and notifies the guarantor party of his or her claim, the guarantor party must notify the commission and must pay the face value of the bond into court to abide the direction of the court, and, subject to this Act, Rule 58 of the Supreme Court Rules applies.

(2)  The guarantor party must, with the payment referred to in subsection (1), file with the court particulars of all claims under the bond of which it has had notice and of any defence against liability which it may have, and on payment into court stands discharged from further liability under it and is entitled to be paid the sum that may remain after all proper claims have been paid in accordance with the direction of the court.

(3)  If new bonds have been issued by the same guarantor party on the expiry of previous bonds, all bonds are deemed to be one continuing bond, and the maximum amount for which the guarantor party is liable is the face value of the bond last issued on the expiry of a previous bond.

 Soliciting of business by unlicensed persons

63  (1)  A person other than the holder of a licence for the operation of a scheduled bus or commercial passenger vehicle, or his or her agent authorized in writing, must not, without the consent of the commission,

(a) sell or offer to sell transportation of persons or tickets for transportation,

(b) by advertising or otherwise solicit the transportation of passengers, or

(c) operate, control or manage a travel bureau or place for the sale of tickets or for soliciting or advertising the transportation of passengers,

if that transportation is in British Columbia and is to be in whole or in part by means of a motor vehicle.

(2)  A person who has the control or management of a newspaper must not permit to be published in that newspaper any advertisement soliciting or requesting the transportation of passengers by motor vehicle for compensation, unless the transportation is to be by means of a scheduled bus or commercial passenger vehicle that is either exempted from the licensing provisions of this Act or is operated by the holder of a licence.

 Peace officers

64  (1)  The Lieutenant Governor in Council may, by regulation, authorize employees of the ministry, designated by name or position, to exercise the powers and perform the duties of a constable or peace officer for the purpose of enforcing prescribed provisions of this Act or the regulations.

(2)  A person authorized under this section has, in connection with the powers and duties conferred on the person, the immunities of a constable.

 Power to search motor vehicles

65  (1)  An officer or constable of the Provincial police force, or any person authorized under section 64 (1), may without a warrant search a motor vehicle on a highway to determine whether this Act and the regulations and orders of the commission are being complied with in the operation of that motor vehicle, and for that purpose may require the driver of the motor vehicle to stop the motor vehicle and permit the search to be made.

(2)  The driver or other person in charge of a motor vehicle on a highway who is required by an officer or constable of the Provincial police force, or by any person authorized under section 64 (1), by signals or otherwise, to stop the motor vehicle or to permit it to be searched for the purposes of this section, and who refuses or fails to stop the motor vehicle or to permit it to be searched, commits an offence against this Act.

 This Act in addition to other Acts

66  The provisions, regulations and orders made by or under this Act are in addition to those made by or under the Highway Act or the Motor Vehicle Act, and nothing in this Act exempts any person or motor vehicle from the Highway Act or the Motor Vehicle Act, or from the regulations made under either of those Acts.

 Application of this Act

67  (1)  This Act applies only to motor carriers and other persons who are subject to the legislative authority of British Columbia, but in the case of a motor carrier who provides a class of service in respect of which he or she is not subject to the legislative authority of British Columbia, nothing in this section makes this Act inapplicable to the motor carrier in respect of another class of service provided, in respect of which the motor carrier is subject to the legislative authority of British Columbia.

(2)  The purpose and intent of the Legislature is to confine the provisions of this Act within the competence of the Legislature, and all the provisions of it must be construed so as to give effect to this purpose and intent.

(3)  If any clause, sentence, paragraph, subsection, section or part of this Act is for any reason held or found to be beyond the powers of British Columbia, that clause, sentence, paragraph, subsection, section or part must be read distributively, and all other clauses, sentences, paragraphs, subsections, sections and parts of this Act stand and are valid and operative, and have the same effect as if the clause, sentence, paragraph, subsection, section or part of this Act had dealt with such matters exclusively.

(4)  The remaining provisions and sections of this Act are deemed not to be inoperative or constitutionally invalid but stand and are valid and operative, and have the same effect as if they had been originally enacted as separate and independent enactments and as the only provisions of this Act.