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Second
Session, 50th General Assembly II Charles III, 2023 |
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AN ACT TO AMEND THE
HIGHWAY TRAFFIC ACT, THE CITY OF CORNER BROOK ACT, THE CITY OF MOUNT PEARL
ACT, THE CITY OF ST. JOHN'S ACT AND THE MUNICIPALITIES ACT, 1999 |
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Received and Read the First Time................................................................ |
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Second
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Committee..................................................................................................... |
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Third
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Royal Assent................................................................................................. |
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HONOURABLE SARAH STOODLEY Minister of Digital Government and Service Newfoundland and Labrador |
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Ordered to be printed by
the Honourable House of Assembly |
EXPLANATORY NOTES This Bill would amend the Highway Traffic Act to · amend the definition of taxi to clarify that motor vehicles used for a ride-sharing service are not included in the definition of taxi; · add a definition of ride-sharing service and related terms; · provide for the licensing of transportation network companies; · authorize the Lieutenant-Governor in Council to make regulations respecting the information to be provided with an application for a licence to carry on business as a transportation network company, the terms and conditions of licences issued to transportation network companies and the records to be kept by transportation network companies; · authorize the Lieutenant-Governor in Council to make regulations respecting the operation of motor vehicles used for a ride-sharing service; and · authorize the minister to make regulations prescribing municipalities in which transportation network companies are not permitted to carry on business. This Bill would also amend the City of Corner Brook Act, the City of Mount Pearl Act, the City of St. John's Act and the Municipalities Act, 1999 to · prohibit a city council or a town council from making regulations or by-laws relating to ride-sharing services. A BILL AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT, THE CITY OF CORNER BROOK ACT, THE CITY OF MOUNT PEARL ACT, THE CITY OF ST. JOHN'S ACT AND THE MUNICIPALITIES ACT, 1999 Analysis HIGHWAY TRAFFIC ACT 1.
S.2 Amdt. 2. Ss. 24.1 to 24.5 Added 24.1 Application for licence ation network company 24.4 Prohibition lation of licence 3.
S.60.1 Amdt. 4.
S.60.2 Amdt. 5. S.60.3 Amdt. Periods of suspension – commercial vehicle, taxi or motor vehicle used for a ride-sharing service 6.
S.60.6 Amdt. 7.
S.77 Amdt. 8.
S.186 Amdt. 9.
S.197.1 Added CITY OF CORNER BROOK ACT 10.
S.229 Amdt. CITY OF MOUNT PEARL ACT 11.
S.229 Amdt. CITY OF ST. JOHN'S ACT 12.
S.167 Amdt. 13.
S.168 Amdt. MUNICIPALITIES ACT, 1999 14.
S.414 Amdt. 15. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: HIGHWAY TRAFFIC ACT RSNL1990 cH-3 1. (1) Section 2 of the Highway Traffic Act is amended by adding immediately after paragraph 2(ggg) the following: (ggg.1) "ride-sharing service" means a service provided by a driver affiliated with a transportation network company for the pre-arranged transportation of passengers for compensation through the use of a transportation network but does not include a taxi service; (2) Paragraph 2(qqq) of the Act is amended by deleting the word "and" at the end of subparagraph (i) and adding immediately after that subparagraph the following: (i.1) a motor vehicle used for a ride-sharing service, and (3) Section 2 of the Act is amended by adding immediately after paragraph (zzz) the following: (zzz.1) "transportation network" means an online enabled application, a digital platform, a software program, a website or other system or technology platform offered, used or facilitated by a transportation network company to enable a person to obtain a ride-sharing service; (zzz.2) "transportation network company" means a person that offers or facilitates a transportation network; 2. The Act is amended by adding immediately after section 24 the following: Application for licence 24.1 (1)
An application for a licence to carry on business as
a transportation network company shall be made to the registrar in writing and
in the form and manner set by the registrar. (2) The registrar may
issue a licence to carry on business as a transportation network company to a
person who (a) submits an
application in the form and manner set by the registrar; (b) pays the fee set by
the minister; and (c) provides the
documents and other information prescribed in the regulations. (3) Notwithstanding
subsection (2), where the person applying for a licence to carry on business as
a transportation network company is a corporation, the registrar may issue a
licence to the corporation where the corporation (a) submits an
application in the form and manner set by the registrar; (b) pays the fee set by
the minister; (c) provides a current
Certificate of Good Standing from the Registry of Companies; and (d) provides the
documents and other information prescribed in the regulations. (4) Notwithstanding
subsections (2) and (3), the minister may, by regulation, prohibit transportation
network companies from carrying on business in a municipality where the
municipality (a) passes a resolution respecting the prohibition of transportation network companies carrying on business in the municipality; and (b) submits to the minister a request, in writing, that the minister prohibit transportation network companies from carrying on business in the municipality. Licence 24.2 (1)
A licence issued under section 24.1 (a) is subject to the
terms and conditions imposed by the registrar, this Act and the regulations; (b) is not
transferrable; and (c) remains in effect,
subject to the submitting of the documents and information prescribed in
subsection (2) and the payment of an annual fee set by the minister, until
suspended or cancelled by the registrar. (2) Each year before the
anniversary date of the issuance of a licence to a transportation network
company, the transportation network company shall (a) pay the fee set by
the minister; and (b) provide the
following to the registrar: (i) a current
Certificate of Good Standing from the Registry of Companies, where the
transportation network company is a corporation, and (ii) the documents or
other information prescribed in the regulations. Duties of transportation network company 24.3 A transportation network company licensed under section 24.1
shall (a) prepare, maintain
and keep records in accordance with the regulations; and (b) comply with this
Act, the regulations and any terms, conditions and requirements that may be
prescribed by the registrar. Prohibition 24.4 (1) A person shall not carry on business as a transportation network company unless the person is licensed under this Act. (2) A transportation network company shall not carry on business in a name other than the name in which the licence is issued. (3) A transportation network company shall not carry on business in a municipality prescribed in the regulations. Suspension or cancellation of licence 24.5 (1)
The registrar may suspend or cancel a licence where
the registrar is satisfied that the person to whom the licence was issued (a) violated a term or
condition of the licence; (b) made a material
misrepresentation in the application for a licence or in the documents or
information submitted to the registrar under section 24.1 or 24.2; (c) contravened a
provision of sections 24.1 to 24.4; or (d) contravened the
regulations made under paragraphs 186(1)(f.9) to (f.11) and section 197.1. (2) Where the registrar suspends or cancels a licence, the registrar shall give written notice of the suspension or cancellation to the person to whom the licence was issued. 3. Paragraph 60.1(1)(c) of the Act is amended by
deleting the words "or taxi" wherever they appear and substituting a
comma and the words "taxi or motor vehicle used
for a ride-sharing service". 4. Subsection 60.2(9) of the Act is amended by
deleting the words "or taxi" wherever they appear and substituting a
comma and the words "taxi or motor vehicle used
for a ride-sharing service". 5. (1) Subsection 60.3(1) of the Act is repealed and the following substituted: Periods of suspension – commercial vehicle, taxi or motor vehicle used for a ride-sharing service 60.3 (1) Upon a request being made under paragraph 60.1(1)(a), the
driver's licence or driving privileges of the driver or person who has care or
control of a commercial motor vehicle, taxi or motor vehicle used for a
ride-sharing service are suspended for a period of (a) 7 days from the time
the request is made; and (b) 90 days beginning on
the fourteenth day after the expiry of the 7 day suspension, where the driver
or person who has care or control fails or refuses to comply with a demand made
under section 320.27 or 320.28 of the Criminal Code. (2) Subsections 60.3(2) to (9) of the Act are
amended by deleting the words "or taxi" wherever they appear and substituting
a comma and the words "taxi or motor vehicle
used for a ride-sharing service". 6. Section 60.6 of the Act is amended by deleting the words "or taxi" wherever they appear and substituting a comma and the words "taxi or motor vehicle used for a ride-sharing service". 7. Paragraph 77(a) of the Act is repealed and the following substituted: (a) the coverage of
ambulances, buses, school buses, taxis, motor vehicles used for a ride-sharing
service and commercial motor vehicles by insurance; 8. Subsection 186(1) of the Act is amended by adding immediately after paragraph (f.8) the following: (f.9) prescribing the
information and documentation to be provided with an application for a licence
to carry on business as a transportation network company; (f.10) respecting terms and
conditions of licences issued to a transportation network company; (f.11) respecting records
to be kept by a transportation network company; (f.12) regulating the
operation of motor vehicles used for a ride-sharing service, a class of motor
vehicles used for a ride-sharing service or certain motor vehicles used for a ride-sharing
service and in particular regulating or prescribing (i) the conduct of
passengers in motor vehicles used for a ride-sharing service and the drivers of
them, (ii) the documents,
plates, markers and marks to be carried and the manner in which they are to be
carried and displayed, (iii) the taking up and
setting down of passengers, (iv) the carriage of
luggage and goods in motor vehicles used for a ride-sharing service, and (v) the equipment to be
carried in motor vehicles used for a ride-sharing service; 9. The Act is amended by adding immediately after section 197 the following: Regulations re: transportation network companies in municipalities 197.1 The minister may make regulations prescribing municipalities in which transportation network companies are not permitted to carry on business. CITY OF CORNER BROOK ACT RSNL1990 cC-15 as amended 10. (1) Subsection 229(2) of the City of Corner Brook Act is repealed and the following substituted: (2) For the purpose of
subsection (1), the word "taxis" includes other vehicles carrying
passengers for fare but does not include vehicles used for a ride-sharing
service. (2) Section 229 of the Act is amended by adding immediately after subsection (2) the following: (3) For the purposes of this section, "ride-sharing service" means "ride-sharing service" as defined in the Highway Traffic Act. CITY OF MOUNT PEARL ACT RSNL1990 cC-16 11. (1) Subsection 229(2) of the City of Mount Pearl Act is repealed and the following substituted: (2) For the purpose of
subsection (1), the word "taxis" includes other vehicles carrying
passengers for fare but does not include vehicles used for a ride-sharing service. (2) Section 229 of the Act is amended by adding immediately after subsection (2) the following: (3) For the purposes of this section, "ride-sharing service" means "ride-sharing service" as defined in the Highway Traffic Act. CITY OF ST. JOHN'S ACT RSNL1990 cC-17 as amended 12. Section 167 of the City of St. John's Act is amended by renumbering it as subsection 167(1) and adding immediately after subsection (1) the following: (2) Subsection (1) does not apply to vehicles used for a ride-sharing service. (3) For the purposes of this section and section 168, "ride-sharing service" means "ride-sharing service" as defined in the Highway Traffic Act. 13. Subsection 168(3) of the Act is repealed and the following substituted: (3) Licensed cab-drivers
in this section shall include the drivers of motor vehicles for hire but shall
not include drivers of motor vehicles used for a ride-sharing service. MUNICIPALITIES ACT, 1999 SNL1999 cM-24 14. (1) Paragraph 414(1)(ss) of the Municipalities Act, 1999 is repealed and the following substituted: (ss) respecting taxis
including (i) fixing the number of
taxis in the municipality, (ii) requiring the
operators of taxis to have a licence to operate in the municipality and fixing
a fee for those licences, (iii) fixing fares for
users of taxis, (iv) requiring the
inspection of taxis on an annual or other basis that the council may establish
in the regulations, (v) establishing
standards for taxis, and (vi) authorizing and
assigning stands for taxis and the erection and maintenance of those stands, and, for the purpose of
regulations made under this paragraph, the word "taxi" includes any
vehicle which carries a passenger for a fare, fee or other remuneration but
does not include a vehicle used for a ride-sharing service; (2) Section 414 of the Act is amended by adding immediately after subsection (7) the following: (8) For the purposes of paragraph (1)(ss), "ride-sharing service" means "ride-sharing service" as defined in the Highway Traffic Act. Commencement 15. This Act, or a section, subsection or paragraph of
it comes into force on a day or days to be proclaimed by the
Lieutenant-Governor in Council. ©King's Printer |