B.C. Reg. 249/2018, deposited November 30, 2018, under the PASSENGER TRANSPORTATION ACT [section 59 (2) (k.1) and (l) and (5)]. Order in Council 647/2018, approved and ordered November 30, 2018.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective December 1, 2018, the Passenger Transportation Regulation, B.C. Reg. 266/2004, is amended as set out in the attached Schedule.

— C. TREVENA, Minister of Transportation and Infrastructure; K. CONROY, Presiding Member of the Executive Council.

Schedule

1 Section 1 (1) of the Passenger Transportation Regulation, B.C. Reg. 266/2004, is amended by adding the following definitions:

“perimeter seating”, with respect to a commercial passenger vehicle, means seats provided for passengers in the vehicle that are primarily located along the sides or at the rear of the commercial passenger vehicle;

“perimeter seating bus” means a passenger directed vehicle that provides perimeter seating for at least 12 passengers;

“unaccompanied minor” means a minor who is not accompanied, while receiving service in a perimeter seating bus, by the minor’s legal guardian; .

2 Section 3 (4) and (5) is repealed.

3 Part 2 is amended by adding the following sections:

Consent required if unaccompanied minor in perimeter seating bus

12.2 (1) In this section, “consent” means written consent given in accordance with subsection (5) for an unaccompanied minor to receive service in a perimeter seating bus.

(2) If a perimeter seating bus provides service to a passenger who is an unaccompanied minor, a licensee must

(a) ensure that consent is given in respect of the minor before the service is provided, and

(b) keep a copy of the consent for at least one year after the service date.

(3) Before providing service in a perimeter seating bus, the driver must

(a) require each passenger to provide government-issued identification showing the passenger’s photograph and date of birth,

(b) examine the identification, and

(c) refuse to provide service to the following:

(i) an unaccompanied minor for whom there is no consent;

(ii) a person who fails to provide identification as described in paragraph (a);

(iii) a person who provides identification that the driver reasonably believes is not the person’s own or has been altered or otherwise falsified.

(4) The driver of a perimeter seating bus in which an unaccompanied minor is a passenger must have in the driver’s possession, at all times while the service is being provided, the consent given in respect of the minor.

(5) For the purposes of this section, the consent must be

(a) in the form required by the registrar, and

(b) signed by the minor’s legal guardian.

Safety monitor required if unaccompanied minor in perimeter seating bus

12.3 (1) If a perimeter seating bus provides service to one or more unaccompanied minors, a licensee must ensure that safety monitors meeting the requirements of subsection (3) are present as required under subsection (2) in the perimeter seating bus at all times while the service is being provided.

(2) For the purposes of subsection (1),

(a) if there are 15 or fewer unaccompanied minor passengers, there must be at least one safety monitor,

(b) if there are 16 to 30 unaccompanied minor passengers, there must be at least 2 safety monitors,

(c) if there are 31 to 45 unaccompanied minor passengers, there must be at least 3 safety monitors, and

(d) if there are more than 45 unaccompanied minor passengers, there must be at least 4 safety monitors.

(3) For the purposes of subsection (1), a safety monitor

(a) must be at least 25 years of age,

(b) must have the training and have undergone a background check as specified by the board,

(c) must be employed or retained by the licensee, and

(d) must not be the driver of the perimeter seating bus.

(4) A safety monitor must do all of the following:

(a) before service is provided, inform all passengers of

(i) the safety monitor’s name and duties under this section, and

(ii) all restrictions and requirements respecting standing in and exiting the perimeter seating bus;

(b) at all times while the service is being provided,

(i) monitor compliance with those safety requirements of the Act and regulations relevant to passenger conduct, and

(ii) monitor the conduct of all passengers, whether minors or adults;

(c) if the safety monitor believes that the conduct of a passenger contravenes passenger safety requirements of the Act or regulations or may adversely affect the safety of any passenger, the safety monitor must immediately

(i) request the passenger to cease or not repeat the conduct, unless it would be unsafe for the safety monitor to do so, and

(ii) report the conduct to the driver.

Application to existing licensees

12.4 (1) Sections 12.2 and 12.3 apply to a person who, on December 1, 2018, holds a licence to operate a perimeter seating bus as follows:

(a) section 12.2 applies only to services provided under a contract of service entered into on or after December 1, 2018;

(b) section 12.3 applies on and after the earliest of the following dates:

(i) April 1, 2019;

(ii) the date on which the licensee’s special authorization is amended to authorize an additional vehicle.

(2) This section is repealed on April 1, 2020.

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