T-11.1 - Act respecting transportation by taxi

Replaced on 30 June 2002

This document has official status.

chapter T-11.1

Act respecting transportation by taxi

Chapter T-11.1 is replaced by the Act respecting transportation services by taxi (chapter S-6.01). (2001, c. 15, s. 150).

2001, c. 15, s. 150.

CHAPTER I DEFINITIONS AND SCOPE

1. In this Act, unless the context indicates otherwise:

“automobile” means a motor vehicle which is defined in the Highway Safety Code (chapter C-24.2) except a bus or a minibus;

“regional authority” means the Communauté urbaine de Montréal, the Communauté urbaine de Québec, the Communauté urbaine de l’Outaouais or a regional county municipality;

“municipality”, except in the expression “regional county municipality”, means a local municipality.

1983, c. 46, s. 1; 1985, c. 35, s. 48; 1986, c. 91, s. 655; 1990, c. 83, s. 255; 1990, c. 85, s. 123; 1996, c. 2, s. 965.

2. This Act applies to the transportation, for remuneration, of persons by automobile.

The Act does not apply to

(1)  transportation provided for in the second and third paragraphs of section 36 of the Transport Act (chapter T-12);

(2)  school transportation provided for in the Education Act (chapter I-13.3), the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), the Act respecting private education (chapter E-9.1) or the General and Vocational Colleges Act (chapter C-29) or transportation of students of an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1);

(3)  transportation supplied by a volunteer driver as part of a charitable undertaking supported by a recognized humanitarian organization, provided the total remuneration for such transportation is no more than a contribution which may not exceed an amount calculated according to the maximum amount of expenses relating to the use of an automobile fixed by the Commission des transports;

(4)  transportation of persons on the occasion of funerals where the funeral enterprise is the owner of the automobile or has custody of the automobile within the meaning of section 2 of the Highway Safety Code (chapter C-24.2);

(5)  transportation by ambulance or hearse.

1983, c. 46, s. 2; 1988, c. 84, s. 698; 1989, c. 17, s. 13; 1993, c. 12, s. 1; 1992, c. 68, s. 156; 1994, c. 15, s. 33; 1996, c. 21, s. 70.

CHAPTER II TRANSPORTATION BY TAXI

DIVISION I GENERAL PROVISIONS

3. To offer or supply, for remuneration, transportation of persons by automobile, a person is required to be authorized therefor by a taxi permit.

In all publicity, a person must mention the number of specialized taxi permits that he holds according to the type of transportation authorized by his permit and, in the case of an association or body which provides services of publicity, distribution of calls or other services of a similar nature, the number of holders of specialized taxi permits who subscribe to such services.

All publicity that no longer satisfies the prescribed requirements must be withdrawn or, as the case may be, corrected within six months except where such publicity appears in a telephone directory, in which case the publicity must be withdrawn from or corrected in the following edition.

1983, c. 46, s. 3; 1993, c. 12, s. 2.

4. To supply transportation by taxi as a taxi driver, a person is required to hold, in addition to a driver’s licence issued pursuant to the Highway Safety Code (chapter C-24.2), a taxi driver’s permit.

1983, c. 46, s. 4; 1987, c. 26, s. 1; 1986, c. 91, s. 655.

5. Transportation by taxi must be supplied by the automobile for which the taxi permit has been issued and which satisfies the requirements prescribed by regulation or by-law.

1983, c. 46, s. 5.

DIVISION II PRIVATE OR SHARED TRANSPORTATION

6. Transportation by taxi may be private or shared.

It is private where transportation is offered exclusively to one customer or group of customers for an entire trip.

It is shared where transportation offered to customers entails the actual sharing or possible sharing of a taxi with other passengers during the trip.

1983, c. 46, s. 6.

7. Customers using private transportation must be given exclusive use of the taxi for the entire trip.

1983, c. 46, s. 7.

8. Offers of private transportation and the resulting transportation must satisfy the requirements prescribed by the regulations or by-laws applicable in the territory for which the taxi permit was issued.

1983, c. 46, s. 8.

9. No shared transportation by taxi may be offered unless

(1)  it is organized by the Agence métropolitaine de transport, a public transport system, a municipality, a group of municipalities, an intermunicipal management board or an intermunicipal board of transport which authorizes, by contract, taxi permit holders operating in its territory to offer that type of transportation on its behalf;

(2)  it is authorized by a regulation of the Government; or

(3)  it is authorized by a by-law of a regional authority exercising the powers provided in subparagraphs 3, 4 and 13 of the first paragraph of section 62.

1983, c. 46, s. 9; 1986, c. 63, s. 1; 1995, c. 65, s. 141.

10. Transportation by taxi offered and accepted as shared transportation must be supplied in accordance with the requirements applicable to shared transportation even if the customer does not share the taxi with other persons.

1983, c. 46, s. 10.

11. Offers of shared transportation and the resulting transportation must satisfy the requirements prescribed by the contract or the authorizing regulations or by-laws.

1983, c. 46, s. 11.

DIVISION III TAXI PERMITS

§ 1 . — General provisions

12. Taxi permits are issued for urban areas delimited by regulation of the Government or for regions delimited by the Commission des transports du Québec, subject to section 94.0.3.

Taxi permits relate to automobiles.

1983, c. 46, s. 12; 1987, c. 26, s. 2.

13. A taxi permit authorizes its holder to supply transportation by taxi or to entrust the care and operation of the taxi to a taxi driver.

1983, c. 46, s. 13.

14. Transportation by taxi shall be supplied in the territory for which the permit is issued. It may also be supplied in another territory for which no permit is issued.

Subject to the conditions and modalities prescribed by regulation or by-law, transportation may be supplied outside those territories if the pick-up point or the destination of the trip is in those territories.

Shared transportation organized by the Agence métropolitaine de transport, a public transport system, a municipality, a group of municipalities, an intermunicipal management board or an intermunicipal board of transport may be supplied in its territory even if the territory is not that for which the permit is issued, provided that part of the taxi route is in the territory for which the permit is issued.

Shared transportation authorized by a regulation or by-law providing for a taxi route may be supplied along that route if part of that route is in the territory for which the permit is issued.

1983, c. 46, s. 14; 1986, c. 63, s. 2; 1987, c. 26, s. 3; 1995, c. 65, s. 142.

15. (Repealed).

1983, c. 46, s. 15; 1986, c. 63, s. 3.

§ 2 . — Issue of permits

16. The Commission des transports du Québec shall issue taxi permits for urban areas only in the cases prescribed by regulation of the Government.

1983, c. 46, s. 16.

17. To obtain a taxi permit, a person is required to pay the annual duties, satisfy the other conditions prescribed by regulation of the Government and, in the case of a permit issued for an urban area except under Chapter VI, have paid the annual contribution to the taxi owners’ league.

1983, c. 46, s. 17; 1986, c. 63, s. 4.

18. Where the Commission authorizes a taxi permit holder to specialize, it may also authorize him to extend his operations to the territory of the regional authority, provided the territory for which the permit was issued before his specialization is that of the urban areas or region where the greatest number of taxi permits can be found in the territory of the regional authority.

Specialized transportation by limousine or by “de grand luxe” limousine supplied under a permit referred to in this section shall be supplied in the territory for which the permit is issued or, subject to the first paragraph, in the territory of the regional authority.

Notwithstanding the second paragraph, specialized transportation by limousine or by “de grand luxe” limousine may be supplied outside the territory in the following cases:

(1)  where the pick-up point or the destination of the trip is situated in the territory;

(2)  where the pick-up point and the destination of the trip are situated outside the territory, in places not served by another permit holder referred to in this section and authorized to supply transportation by limousine or by “de grand luxe” limousine or by the holder of a limousine permit referred to in Division II of Chapter VI.

1983, c. 46, s. 18; 1985, c. 35, s. 49; 1986, c. 63, s. 5; 1993, c. 12, s. 3.

18.1. Notwithstanding the second paragraph of section 18, any taxi permit issued for the territory of the urban areas of Montréal or the territory of the urban areas of Québec which is specialized for transportation by “de grand luxe” limousine may be used over all the territory of Québec if the establishment of the undertaking and the place where its “de grand luxe” limousine is kept for storage and maintenance are at all times located in the urban area for which the permit was originally issued.

The Commission shall mention this place on the holder’s permit and on every certificate.

1993, c. 12, s. 4; 1999, c. 40, s. 321.

19. A specialized taxi permit requires its holder to restrict operations to specialized transportation.

1983, c. 46, s. 19.

20. Offers of specialized transportation made under a specialized taxi permit and the resulting transportation must meet the requirements prescribed by regulation or by-law for such specialized transportation.

1983, c. 46, s. 20.

20.1. Where a taxi permit holder whose undertaking has been authorized under section 18 to supply specialized transportation ceases to meet the conditions for obtaining such a specialization or where he is convicted of an offence under section 18.1, section 4 or 45 or under a regulatory provision determined under subparagraph 27 of section 60, the Commission shall revoke the specialization.

A permit holder whose specialization is revoked is not authorized to file another application for specialization before the lapse of a period of 6 months from the date of revocation.

1993, c. 12, s. 5.

21. A holder of a specialized taxi permit may apply to the Commission to have the restriction lifted and to recover the taxi permit.

1983, c. 46, s. 21.

22. A taxi permit holder is free to supply transportation by taxi comparable to specialized transportation if the requirements prescribed for nonspecialized transportation are met.

1983, c. 46, s. 22.

§ 3 . — Renewal

23. A taxi permit is valid for one year and in the absence of any provisions to the contrary in a regulation or by-law expires on 31 March each year.

1983, c. 46, s. 23.

24. A taxi permit may be renewed upon the payment of the annual duties to a person designated by by-law or regulation.

The person shall refuse to accept payment of the duties if he considers that the permit holder

(1)  does not satisfy the conditions prescribed in this Act and any regulations or by-laws thereunder for the issue and renewal of the permit;

(2)  is in a position where the permit may be suspended or cancelled; or

(3)  did not pay the exigible annual duties before the permit expired.

1983, c. 46, s. 24.

25. Within 15 days of refusal under section 24, a permit holder may apply to the Commission to renew the permit.

The Commission shall not refuse to renew a permit except in the cases provided for in the second paragraph of section 24, after notifying the permit holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allowing him at least 10 days to present observations. The permit remains in force until the date of the coming into force of the Commission’s decision.

1983, c. 46, s. 25; 1997, c. 43, s. 784.

§ 4 . — Suspension and cancellation

26. The Commission shall suspend for three months the taxi permit of a holder who has been convicted of an offence under section 4 and has not been pardoned therefor, or who has entrusted the care and operation of his taxi to a person who is not the holder of the licence and permit referred to in section 4. In the case of a second conviction the suspension shall be for six months. In the case of any other conviction, the Commission shall cancel the taxi permit.

The Commission shall also suspend or cancel, as the case may be, the taxi permit of a holder where he, or the taxi driver to whom the holder has entrusted the care and operation of his taxi, has been convicted of fraud related to the supply of transportation by taxi and has not been pardoned therefor.

This section does not apply to a specialized taxi permit issued under section 86 or 90.1.

1983, c. 46, s. 26; 1990, c. 19, s. 11; 1990, c. 4, s. 865; 1990, c. 82, s. 1; 1993, c. 12, s. 6.

27. The Commission shall request the Société de l’assurance automobile du Québec to withdraw, for three months, the registration certificate and the registration plate of an automobile used to commit an offence or fraud described in section 26 of which the holder of a specialized taxi permit issued under section 86 or 90.1 has been convicted and for which he has not been pardoned. In the case of a second conviction, the withdrawal requested shall be for six months and the Société shall withdraw the registration certificate and the registration plate of the automobile used to commit the second offence. Moreover, in the case of any other conviction, the Commission shall modify the permit of the holder so as to reduce by one the maximum number of automobiles that he may operate and shall, accordingly, request the Société de l’assurance automobile du Québec to withdraw the registration plate of the automobile it specifies from among the automobiles operated by the permit holder.

1983, c. 46, s. 27; 1990, c. 82, s. 1.

28. The Commission may, in its own right or at the request of the Minister of Transport, a regional authority, a municipality or an interested person, suspend or cancel a taxi permit if the holder or the taxi driver to whom the holder entrusted the care and operation of the taxi

(1)  has, within the last two years, been convicted of an offence under a provision of section 5, 9, 14, or 42 or under a regulatory provision determined pursuant to subparagraph 26 of the first paragraph of section 60 and has not been pardoned therefor;

(1.1)  has failed to comply with section 33 or 38;

(2)  has been convicted of an indictable offence related to the providing of transportation by taxi committed within the last five years and has not been pardoned therefor;

(3)  discontinues, limits or extends the services authorized to be provided under the permit without prior authorization from the Commission;

(4)  does not provide service up to the standard the public is entitled to expect, all things considered;

(5)  has not paid the annual duties exigible before the expiry of the permit;

(6)  (paragraph repealed);

(7)  has failed to pay an annual fee fixed under section 62.1.

1983, c. 46, s. 28; 1985, c. 35, s. 50; 1986, c. 63, s. 6; 1990, c. 4, s. 865; 1990, c. 82, s. 2.

29. The Commission shall cancel a permit if the taxi is operated during a period of suspension imposed pursuant to this Act.

1983, c. 46, s. 29.

30. The Commission shall, in its own right or at the request of the Minister, a regional authority, a municipality or any other interested person, request the Société de l’assurance automobile du Québec to withdraw the registration plate and the registration certificate of any automobile used by a person to commit an offence under section 3 of which he was convicted and for which he has not been pardoned, or of any automobile acquired or leased to replace such automobile, whether or not the person operating the automobile is the holder of a permit.

The first paragraph does not apply to a lessor who establishes, to the satisfaction of the Commission, that he could not have known that his automobile would be used by the lessee to commit an offence under section 3.

The owner of an automobile whose registration plate and registration certificate have been withdrawn shall lose, for three months, his right to obtain a new registration plate and registration certificate for that automobile. In the case of a second conviction, his right to obtain a new registration plate and registration certificate shall be suspended for six months. In the case of any other conviction, his right shall be suspended for twelve months.

1983, c. 46, s. 30; 1990, c. 19, s. 11; 1990, c. 82, s. 3.

31. The Société is required to carry out the Commission’s request immediately and in no case may it return the registration plate and registration certificate to the person from whom they were withdrawn or issue new ones allowing him to put the automobile affected by the withdrawal back into operation without authorization from the Commission.

1983, c. 46, s. 31; 1986, c. 63, s. 7; 1990, c. 19, s. 11.

32. The Commission shall not exercise its powers under section 26, 28, 29 or 30 before notifying the permit holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allowing him at least 10 days to present observations.

1983, c. 46, s. 32; 1997, c. 43, s. 785.

§ 5 . — Acquisition, assignment and transfer

32.1. No taxi permit which is the subject of a suspension or cancellation procedure before the Commission may be the subject of a request for a transfer authorization until the Commission has rendered its decision in the matter.

1990, c. 82, s. 4.

32.2. No specialized taxi permit referred to in section 18 may be the subject of a request for a transfer authorization before the lapse of at least 2 years from the date of specialization.

1993, c. 12, s. 7.

33. Every person or partnership intending to acquire, directly or indirectly, by purchase, lease, merger, consolidation or otherwise, an interest in the undertaking of a person who supplies transportation by taxi is required to give notice of the intended acquisition to the Commission.

Even if no notice is given, the Commission, in its own right or at the request of the Minister or any interested person, may make an inquiry to determine whether an acquisition within the meaning of the first paragraph has been made.

1983, c. 46, s. 33; 1999, c. 40, s. 321.

33.1. No taxi driver may, at the same time both acquire or retain an interest in the undertaking of the taxi permit holder, in particular by transferring ownership of an automobile to the permit holder, and lease the taxi entrusted to him from that permit holder.

The Commission may, in its own right or at the request of the Minister or an interested person, make an inquiry to determine whether there is a connection described in the first paragraph between the taxi permit holder and his driver. If that is the case, the Commission shall cancel the permit.

This section does not apply to holders of the permits referred to in Chapter VI.

1986, c. 63, s. 8; 1990, c. 82, s. 5.

33.2. Every municipality whose territory is not part of the territory of a regional authority exercising regulatory power and control over transportation by taxi possesses sufficient interest to intervene at any time before the Commission with respect to an application for the issue of a taxi permit in its territory.

1993, c. 12, s. 8.

34. The assignment of a taxi does not have the effect of transferring the taxi permit unless the assignor or the assignee of the taxi obtains a transfer of the taxi permit from the Commission.

1983, c. 46, s. 34.

35. If a taxi permit holder dies or, in the case of a legal person, winds up or goes bankrupt, the liquidator, the administrator or the trustee may continue to operate the taxi in the place of the permit holder during the time required to obtain from the Commission a transfer of the permit to an assignee who satisfies the conditions required to be a taxi permit holder.

In no case may a permit holder compelled to surrender his taxi in the execution of a contract granting a hypothec continue to operate the taxi under a permit or apply for a transfer of the permit. The person who acquires ownership of the taxi is the only person entitled to apply to the Commission for a transfer of the permit and may, for such purpose, continue to operate the taxi in the place of the permit holder during the time required to obtain a transfer thereof in his or its own name on satisfying the conditions for holding a taxi permit or for obtaining a transfer of the permit to a third person.

1983, c. 46, s. 35; 1992, c. 57, s. 702; 1999, c. 40, s. 321.

36. In no case may a person continue to operate a taxi pursuant to section 35 for a period of more than six months without special authorization from the Commission.

1983, c. 46, s. 36.

37. The Commission may authorize the transfer of a taxi permit if

(1)  the assignee satisfies the requirements prescribed by regulation for being a taxi permit holder;

(2)  in the case of a new taxi permit issued after 31 March 1993, there has been a lapse of more than two years since its issue.

The Commission may also, in its own right, at the request of the Minister or any other interested person, suspend or cancel a permit if its holder is the object of an acquisition prejudicial to the public interest.

Subparagraph 2 of the first paragraph does not apply to a permit issued under section 91 or 94.0.1.

1983, c. 46, s. 37; 1993, c. 12, s. 9.

38. No taxi permit may be the object of a right to revendicate or of a contract under which the assignor would remain the holder of the permit until full payment.

1983, c. 46, s. 38; 1984, c. 23, s. 38; 1990, c. 82, s. 6.

38.1. (Repealed).

1984, c. 23, s. 38; 1985, c. 35, s. 51; 1990, c. 82, s. 7.

39. A taxi permit holder changing taxis is required to have the change registered with the Commission before using the taxi pursuant to the permit.

If a taxi is the object of a contract granting a hypothec a copy of which has been forwarded to the Commission, the permit holder shall not register the change of taxi or obtain a transfer of the permit without the consent of the hypothecary creditor.

1983, c. 46, s. 39; 1992, c. 57, s. 703.

39.0.1. The Commission may suspend or cancel a permit under section 33.1 or 37 only after notifying the permit holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allowing him at least 10 days to present observations.

1997, c. 43, s. 786.

DIVISION IV TAXI DRIVER’S PERMIT

39.1. A taxi driver’s permit shall be issued for a territory corresponding to that of a regional authority, subject to the exceptions prescribed by regulation or by-law and except where the permit is prescribed for providing transportation by “de grand luxe” limousine.

1987, c. 26, s. 4.

39.2. The holder of a taxi driver’s permit shall not carry on the occupation of taxi driver except with the taxi operated under a taxi permit issued for a territory included in the territory for which the taxi driver’s permit has been issued.

1987, c. 26, s. 4.

40. To obtain or renew a taxi driver’s permit, a person is required to pay the annual duties and satisfy all other conditions prescribed by regulation or by-law.

1983, c. 46, s. 40; 1990, c. 82, s. 8.

41. The taxi driver’s permit must contain a photograph of the holder taken by the Société de l’assurance automobile du Québec or the regional authority, as the case may be, bear a number and contain any other information prescribed by regulation or by-law.

1983, c. 46, s. 41; 1987, c. 26, s. 5; 1990, c. 19, s. 11.

41.1. The taxi driver’s permit shall be issued by the regional authority exercising the powers provided in paragraph 5 of section 62 or by the Société de l’assurance automobile du Québec so far as the regional authority has not exercised those powers.

The taxi driver’s permit prescribed for supplying “de grand luxe” transportation by limousine shall be issued by the competent authority in the place where the main establishment of the holder of the “de grand luxe” limousine permit is located, according to the provisions applicable in that place.

1985, c. 35, s. 52; 1987, c. 26, s. 6; 1990, c. 19, s. 11.

41.2. The regional authority that issues a taxi driver’s permit shall advise the Société thereof without delay.

1985, c. 35, s. 52; 1990, c. 19, s. 11.

41.3. No person may obtain a taxi driver’s permit

(1)  unless he meets the conditions prescribed by regulation of the Government or the regional authority, as the case may be;

(2)  unless he passes an examination, the procedure, terms and conditions and content of which shall be established by the Société de l’assurance automobile du Québec or by the regional authority which issues the permit;

(3)  if he has been convicted, in the last five years, of a criminal offence related to the operation of a taxi transportation service for which he has not been pardoned.

1985, c. 35, s. 52; 1990, c. 19, s. 11; 1990, c. 82, s. 9.

41.4. The content of the examination contemplated in section 41.3 shall deal at least with the following:

(1)  the relevant regulations;

(2)  the knowledge of the principal sites and main roads of the territory for which the permit is issued except where the territory does not include any urban areas described by the Government under subparagraph 1 of section 60.

1985, c. 35, s. 52.

41.4.0.1. No person who carries on the occupation of taxi driver in the territory indicated by a regulation made under subparagraph 17.2 of section 60 or under subparagraph 4.2 of section 62 may renew his taxi driver’s permit unless he has attended the training course prescribed by regulation under either of the said sections, satisfied the other conditions and paid the duties and costs prescribed by or under section 40.

1993, c. 12, s. 10.

41.4.1. Where a person is convicted of an indictable offence related to the use of his taxi driver’s permit, his permit shall be revoked and the judge pronouncing the conviction shall order that the permit be confiscated and returned to the Société de l’assurance automobile du Québec or, as the case may be, to the regional authority which issued it.

1990, c. 82, s. 10.

41.4.2. Where a person ceases to meet the conditions prescribed under paragraph 1 of section 41.3, fails to comply with section 33.1 or is convicted of an offence under section 3, section 39.2 or a regulatory provision determined pursuant to subparagraph 20.1 of the first paragraph of section 60 or subparagraph 14 of the first paragraph of section 62, the Société or the regional authority, as the case may be, shall revoke that person’s taxi driver’s permit.

1990, c. 82, s. 10.

41.4.3. A person whose taxi driver’s permit has been revoked by the Société pursuant to section 41.4.2 cannot obtain a new permit before the lapse of a period of three months from the date of the revocation, unless he has been pardoned.

1990, c. 82, s. 10.

41.5. The Société shall suspend or revoke the taxi driver’s permit it has delivered to a person upon the driver’s licence of the person being suspended or revoked.

Where the taxi driver’s permit has been issued by a regional authority that has complied with section 41.2, the Société shall advise the authority of the suspension or revocation of the driver’s licence of the holder of the taxi driver’s permit, except where a restricted licence is issued in accordance with section 105 of the Highway Safety Code (chapter C-24.2). Upon receiving the notice, the regional authority shall suspend or revoke the taxi driver’s permit of that person.

1985, c. 35, s. 52; 1987, c. 26, s. 7; 1990, c. 19, s. 11.

41.6. No taxi driver’s permit of a person whose driver’s permit has been revoked may be revoked for that reason if a restricted licence has been issued to him.

1985, c. 35, s. 52; 1986, c. 63, s. 9; 1987, c. 26, s. 8.

41.7. Every person whose taxi driver’s permit is suspended or revoked shall return his permit to the Société or to the regional authority that issued it.

1985, c. 35, s. 52; 1990, c. 19, s. 11.

41.8. Where a person refuses or fails to comply with section 41.7, the Société or the regional authority, as the case may be, may ask a peace officer to confiscate the taxi driver’s permit of that person, who shall immediately hand over the permit to the peace officer who demands it.

1985, c. 35, s. 52; 1990, c. 19, s. 11.

DIVISION V FIXING OF SCALES

42. The Commission shall, by regulation, fix tariffs for private transportation by taxi that may vary according to the territory concerned. The tariffs fixed by the Commission shall not apply in the territory of a regional authority that has fixed tariffs itself pursuant to section 62.

The Government may limit the power of the Commission to fix tariffs.

Notwithstanding the first paragraph, private transportation by taxi that is the object of a written contract may be supplied for the fare provided in the contract on condition that a copy of the contract is kept in the taxi during such transportation.

The third paragraph does not apply to specialized transportation supplied under a specialized taxi permit.

1983, c. 46, s. 42; 1986, c. 63, s. 10; 1998, c. 8, s. 6.

42.1. Where the Commission fixes tariffs for transportation by taxi, the holder of a limousine permit or a permit for a “de grand luxe” limousine possesses sufficient interest to intervene at any time in order to present pertinent evidence concerning the establishment of the hourly rate for the taxi service.

1993, c. 12, s. 11; 1998, c. 8, s. 13.

42.2. A draft regulation under section 42 is not subject to the publication requirements set out in section 8 of the Regulations Act (chapter R-18.1).

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

1998, c. 8, s. 7.

43. Shared transportation by taxi shall be supplied at the fares prescribed in the regulation, by-law or contract under which it is authorized.

1983, c. 46, s. 43.

44. The tariffs applicable to private transportation shall be fixed in such a manner that taxi fares are calculated with the taximeter, by the zone, by the hour and by fractions of an hour.

The tariffs applicable to private transportation supplied by the holder of a taxi permit in the region for which the permit is issued may also be fixed in such a manner that taxi fares may be calculated with the odometer.

1983, c. 46, s. 44; 1987, c. 26, s. 9; 1998, c. 8, s. 13.

45. (Repealed).

1983, c. 46, s. 45; 1998, c. 8, s. 8.

46. The tariffs applicable to specialized transportation by limousine or by “de grand luxe” limousine shall be fixed so that the fares are calculated by the hour and by fractions of an hour, by the zone, or by the zone, by the hour and by fractions of an hour.

1983, c. 46, s. 46; 1987, c. 26, s. 10; 1998, c. 8, s. 13.

47. The tariffs applicable to a certain type of specialized transportation may vary from one carrier to another.

1983, c. 46, s. 47; 1998, c. 8, s. 13.

48. No person may offer discounts for transportation provided for in this Act, except to the extent provided for by the scales.

1983, c. 46, s. 48.

48.0.1. No taxi driver may require a customer to pay, in addition to the taxi fare calculated in accordance with the tariffs, any charge not prescribed by regulation of the Government.

1987, c. 26, s. 11; 1998, c. 8, s. 13.

48.1. Any customer of a taxi transportation service who refuses to pay the taxi fare and, where such is the case, the charges shall, for the purposes of a civil remedy, identify himself at the request of a peace officer.

1986, c. 63, s. 11; 1987, c. 26, s. 12; 1990, c. 4, s. 866.

DIVISION VI TAXI OWNERS’ LEAGUES

Repealed, 2001, c. 15, s. 137.

2001, c. 15, s. 137.

49. (Repealed).

1983, c. 46, s. 49; 2001, c. 15, s. 137.

50. (Repealed).

1983, c. 46, s. 50; 2001, c. 15, s. 137.

50.1. (Repealed).

1987, c. 26, s. 13; 1993, c. 12, s. 12; 2001, c. 15, s. 137.

51. (Repealed).

1983, c. 46, s. 51; 2001, c. 15, s. 137.

52. (Repealed).

1983, c. 46, s. 52; 2001, c. 15, s. 137.

53. (Repealed).

1983, c. 46, s. 53; 2001, c. 15, s. 137.

54. (Repealed).

1983, c. 46, s. 54; 2001, c. 15, s. 137.

55. (Repealed).

1983, c. 46, s. 55; 2001, c. 15, s. 137.

56. (Repealed).

1983, c. 46, s. 56; 2001, c. 15, s. 137.

57. (Repealed).

1983, c. 46, s. 57; 2001, c. 15, s. 137.

58. (Repealed).

1983, c. 46, s. 58; 2001, c. 15, s. 137.

59. (Repealed).

1983, c. 46, s. 59; 2001, c. 15, s. 137.

CHAPTER II.1 INSPECTION AND SEIZURE

1990, c. 82, s. 11.

59.1. The Minister of Transport may authorize any person to act as an inspector to ascertain compliance with this Act and the regulations.

1990, c. 82, s. 11.

59.2. Any person authorized to act as an inspector and any peace officer may, in the performance of his duties, to ascertain compliance with this Act and the regulations,

(1)  enter, at any reasonable time, an establishment of an undertaking, association or body which provides services of publicity, the distribution of calls or other services of a similar nature to taxi owners or drivers, or of a person who offers or supplies transportation of persons by automobile and to whom this Act applies, and inspect the establishment;

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

(3)  stop an automobile used on a public highway to supply transportation of persons that is subject to this Act, inspect it and examine any document relating to the application of this Act and the regulations;

(4)  require any information relating to the application of this Act and the regulations and the production of any relevant document.

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

1990, c. 82, s. 11.

59.3. No person may hinder a peace officer or a person authorized to act as an inspector, mislead him by concealment or false declarations or conceal or destroy a document pertinent to an inspection.

1990, c. 82, s. 11.

59.4. A person authorized by this Act to make an inspection shall identify himself and show a certificate of his office or, as the case may be, show his badge.

1990, c. 82, s. 11.

59.5. Any peace officer may, in the course of an inspection made under section 59.2, immediately

(1)  seize an automobile if he has reasonable grounds to believe that it is being used or has been used to commit an offence under this Act or a regulation and that the person who is using or used the automobile could abscond, until the court having jurisdiction or a judge thereof authorizes its release with or without security;

(2)  seize an automobile if he has reasonable grounds to believe that it is being used or has been used to commit an offence within the meaning of section 70.1, until the court having jurisdiction or a judge thereof authorizes its release with security.

1990, c. 82, s. 11.

59.6. A peace officer who has seized an automobile has custody thereof until a court having jurisdiction has declared it confiscated or has ordered that it be returned to its owner.

1990, c. 82, s. 11.

CHAPTER III REGULATIONS

DIVISION I REGULATIONS OF THE GOVERNMENT

60. The Government may, by regulation,

(1)  delimit urban areas;

(2)  determine for each urban area or region that it specifies, ratios permitting to determine the maximum number of permits that may be issued;

(3)  prescribe the conditions required to be a permit holder, the maximum number of permits a person may hold, provide for exceptions and the duration thereof, and the conditions and modalities applicable to the issue, renewal, transfer, changing, suspension or cancellation of permits;

(3.1)  prescribe the requirements to be met by a permit holder in carrying on his activities and provide for exceptions thereto;

(4)  (subparagraph repealed);

(5)  fix the duties payable for the issue, transfer or renewal of a permit, change or spread over different periods the due dates of permits according to the taxi permit holders it indicates and, where a regional authority collects a fee under section 62.1, reduce the duties payable for the renewal of a taxi permit in an urban area or region comprised in the territory of the regional authority;

(6)  prescribe the conditions and modalities for providing a type of transportation which it specifies outside the territory for which a permit is issued;

(6.1)  prescribe the conditions and procedure with which the holder of a taxi permit must comply when applying to the Commission for authorization to specialize in transportation by limousine or “de grand luxe” limousine;

(6.2)  establish the factors that the Commission must take into account when prescribing ratios enabling it to determine the maximum number of taxi permits that may specialize in transportation by limousine or “de grand luxe” limousine;

(7)  establish conditions or restrictions respecting the access of taxis to taxi stands;

(7.1)  prohibit on the immovables of the public establishments it determines the concession of an exclusive right of access to a taxi stand or of the right to install an exclusive and direct telephone line or establish conditions or restrictions respecting such a concession;

(8)  establish standards, conditions or modes of construction and upkeep of an automobile used to supply transportation by taxi;

(9)  (subparagraph repealed);

(10)  (subparagraph repealed);

(10.1)  (subparagraph repealed);

(11)  designate, in the cases it indicates, a person to collect the annual duties payable for the issue or renewal of taxi permits;

(12)  establish, for the urban areas or the regions it specifies, standards, conditions, or modes of construction, use and upkeep of taximeters, require that taximeters be inspected and sealed at the intervals it specifies and prescribe the cases where a taxi must be equipped with a taximeter, and the place where it should be installed;

(13)  prescribe the makes, models and years of manufacture of automobiles that may be used to supply the type of transportation by taxi it specifies;

(14)  establish standards, conditions or modalities of use, care, hygiene and identification of any automobile used to supply transportation by taxi, prescribe the mandatory equipment and construction standards therefor, prohibit the installation or use of any equipment it may indicate, and, in respect of the types of transportation which it specifies and, where such is the case, the territory it specifies, prescribe special standards, conditions and modalities;

(14.1)  (subparagraph repealed);

(15)  prohibit or standardize commercial posting on taxis;

(16)  prescribe standards, conditions or modes of operation for each type of transportation which it specifies in the places it specifies and provide for exceptions thereto;

(17)  authorize taxi permit holders to supply the types of shared transportation which it specifies in the places it specifies and on conditions it determines, and fix the tariffs therefor;

(17.1)  impose, with respect to the territory it specifies, on every person who wishes to obtain a taxi driver’s permit, the obligation to attend a training course, determine the content of the course and prescribe the terms, conditions, procedure, the passing mark for the examination and costs thereof, and authorize a person to offer the course;

(17.2)  impose, for the territory it specifies, on every holder of a taxi driver’s permit, the obligation to attend a training course prior to the renewal of his permit, determine the content of the course, prescribe the terms, conditions and formalities thereof, and authorize a person to offer the course;

(17.3)  prescribe the form and content of the disclosures required of the holder of a taxi permit or of a taxi driver who is a member of a firm offering publicity and call distribution services and who uses a radio or telephone communication device in his taxi, to meet the requirements of such firm;

(18)  determine classes of taxi driver’s permit and the conditions and modalities of issue, renewal, suspension and cancellation of a permit, prescribe its form and content and determine the territories not corresponding to the territory of a regional authority for the issue of such a permit;

(18.1)  fix the duties exigible for the issue and renewal of a taxi driver’s permit, for the issue of a duplicate of the permit and for the examinations related to its issue;

(18.2)  prescribe the requirements to be met by the holder of a taxi driver’s permit in carrying on his occupation and provide for exceptions thereto;

(18.3)  prescribe the charges that a taxi driver may demand of customers in addition to the taxi fare and the conditions on which they may be demanded, and fix the maximum denomination of a bank note the driver may be bound to accept in payment for a taxi fare;

(18.4)  prohibit the holder of a taxi permit or of a taxi driver’s permit from carrying on certain activities or practices for the types of transportation it specifies;

(19)  (subparagraph repealed);

(20)  prescribe rules of ethics for taxi drivers;

(20.1)  determine, from among the provisions of a regulation prescribed under this section and of which the violation is punishable within the meaning of section 70, those for which a conviction entails revocation of the offender’s taxi driver’s permit;

(21)  authorize any firm, association or body to provide, upon obtaining a permit, services of publicity, the distribution of calls or other services of a similar nature to taxi owners or drivers, and determine standards and conditions for the establishment, operation, financing and management of the firm, association or body and fix the duties payable for the issue, renewal or transfer of such a permit;

(22)  determine the minimum stipulations to be included in any written contract of transportation by taxi and prescribe the from thereof;

(23)  prescribe the obligation to post up in each taxi the tariffs applicable to private transportation;

(24)  prescribe the obligation of providing on request a receipt for each trip as well as the form and tenor of the receipt;

(25)  determine the provisions of a regulation made under this section the infringement of which is punishable under section 70;

(26)  determine, from among the provisions of a regulation prescribed under this section and of which the violation is punishable within the meaning of section 70, those for which a conviction may entail suspension or cancellation of a taxi permit;

(27)  determine, from among the provisions of a regulation prescribed under this section, those for which a conviction entails revocation of the specialization authorizing a taxi undertaking to supply transportation by limousine or “de grand luxe” limousine.

The standards, conditions, restrictions, modalities, duties and other prescriptions of the regulations made under this section may vary according to the class of permit concerned.

1983, c. 46, s. 60; 1984, c. 23, s. 39; 1985, c. 35, s. 53; 1986, c. 63, s. 12; 1987, c. 26, s. 14; 1990, c. 82, s. 12; 1993, c. 12, s. 13; 1998, c. 8, s. 9, s. 13.

61. Every regulation made under paragraphs 7 and 14 to 25 of section 60 ceases to apply to holders of a taxi permit, holders of a taxi driver’s permit and firms, associations or bodies which supply publicity or call distribution services or other services of a similar nature when their operating territory is in the territory of a regional authority which caused to come into force a by-law passed pursuant to a corresponding paragraph of section 62 to replace a regulation made by the Government.

The Government may, at the request of a regional authority, delegate to it, for such period as it may indicate, the power provided for in subparagraph 5 of section 60 respecting the duties payable for renewal of a permit or in subparagraph 11 of the said section.

1983, c. 46, s. 61; 1987, c. 26, s. 15; 1990, c. 82, s. 13; 1993, c. 12, s. 14.

DIVISION II BY-LAWS OF A REGIONAL AUTHORITY

62. Every regional authority may, by by-law,

(1)  establish standards, conditions or modalities of use, care, hygiene and identification of any automobile used to supply transportation by taxi, prescribe the mandatory equipment, the place where it should be installed and, except as regards taximeters, construction standards therefor and prohibit the installation or use of any equipment it may indicate;

(1.1)  prescribe, in respect of the types of transportation it specifies and, where such is the case, the territory it specifies, special standards, conditions, modalities and requirements as regards the automobile used;

(1.2)  determine the conditions or restrictions respecting the access of taxis to taxi stands;

(2)  prohibit or standardize commercial posting on taxis;

(3)  prescribe standards, conditions or modalities of operation for each type of transportation which it specifies in the places it specifies and provide for exceptions thereto;

(4)  authorize holders of taxi permits to supply the types of shared transportation which it specifies in the places it specifies and on the conditions it determines and fix the tariffs therefor;

(4.1)  impose on every person who wishes to obtain a taxi driver’s permit the obligation to attend a training course, determine the content of the course and prescribe the terms, conditions, procedure, passing mark for the examination and costs thereof, and authorize a person to offer the course;

(4.2)  impose, for the territory it specifies, on every holder of a taxi driver’s permit, the obligation to attend a training course prior to the renewal of his taxi driver’s permit, determine the content of the course, prescribe the terms, conditions and formalities thereof, and authorize a person to offer the course;

(4.3)  prescribe the form and the content of the disclosures required of the holder of a taxi permit or of a taxi driver who is a member of a firm offering publicity and call distribution services and who uses a radio or telephone communication device in his taxi, to meet the requirements of such firm;

(5)  determine classes of taxi driver’s permits and the conditions and modalities of issue, renewal, suspension or cancellation of a permit, prescribe its form and content and authorize a person to issue such permits on its behalf;

(5.1)  fix the duties exigible for the issue and renewal of a taxi driver’s permit, for the issue of a duplicate of the permit and for the examinations related to its issue;

(5.2)  prescribe the requirements to be met by the holder of a taxi driver’s permit in carrying on his occupation and provide for exceptions thereto;

(5.3)  prescribe the charges that a taxi driver may demand of customers in addition to the taxi fare and the conditions on which they may be demanded, and fix the maximum denomination of a bank note the driver may be bound to accept in payment for a taxi fare;

(5.4)  prohibit the holder of a taxi permit or of a taxi driver’s permit from carrying on certain activities or practices for the types of transportation it specifies;

(6)  (subparagraph repealed);

(7)  prescribe rules of ethics for taxi drivers;

(8)  authorize any firm, association or body to provide, upon obtaining a permit, services of publicity, the distribution of calls or other services of a similar nature to taxi owners or drivers, determine standards and conditions for the establishment, operation, financing and management of the firm, association or body, and fix the duties payable for the issue, renewal or transfer of such a permit;

(9)  determine the minimum stipulations to be included in any written contract of transportation by taxi and prescribe the form thereof;

(10)  fix the tariffs for private transportation and prescribe the obligation to post up in each taxi the tariffs in force;

(11)  (subparagraph repealed);

(12)  prescribe the obligation to provide on request a receipt for each trip as well as the form and tenor of the receipt;

(13)  determine the provisions of a by-law passed under this section the infringement of which is punishable under section 70;

(14)  determine, from among the provisions of a regulation prescribed under this section and of which the violation is punishable within the meaning of section 70, those for which a conviction entails revocation of the taxi driver’s permit.

The standards, conditions, restrictions, modalities, duties and other requirements prescribed in a by-law passed under this section may vary according to the class of permit concerned.

The Communauté urbaine de Montréal and the Communauté urbaine de Québec may delegate the exercise of the powers provided in subparagraphs 2, 9 and 12 of the first paragraph in whole or in part to their executive committees.

1983, c. 46, s. 62; 1985, c. 35, s. 54; 1986, c. 63, s. 13; 1987, c. 26, s. 16; 1990, c. 82, s. 14; 1993, c. 12, s. 15; 1998, c. 8, s. 13.

62.1. To finance activities relating to the exercise of its powers under this division, every regional authority may, by by-law, fix and collect an annual fee payable by every taxi permit holder in its territory for each permit issued or renewed in the permit holder’s name.

In the case of a permit referred to in sections 91 and 94.0.1, the regional authority may fix and collect an annual fee only if the establishment of one of the permit holders or the place where his automobile or, as the case may be, his “de grand luxe” limousine is kept for storage and maintenance is located in its territory.

Sections 64, 65 and 66, adapted as required, apply to a by-law made under this section.

1986, c. 63, s. 14; 1993, c. 12, s. 16; 1999, c. 40, s. 321.

63. Any regional authority intending to exercise for the first time a regulatory power relating to transportation by taxi shall

(1)  adopt a resolution to that effect;

(2)  cause a notice of adoption of the resolution to be published in a newspaper circulated in its territory within 10 days of its adoption;

(3)  pass a by-law respecting transportation by taxi within 180 days of the publication; and

(4)  inform the Commission des transports du Québec of the passing of the by-law within 10 days of its passing.

The rules on the passing and coming into force of the by-law are the rules prescribed by the Municipal Code (chapter C-27.1) for any by-law of a regional county municipality, in the case of such a municipality, and by the Act under which it is established in the case of an urban community.

1983, c. 46, s. 63; 1990, c. 85, s. 122; 1996, c. 2, s. 966.

64. The regional authority shall send to the Minister of Transport a copy of a by-law adopted under subparagraph 4 or 10 of the first paragraph of section 62.

The Minister shall send to the regional authority notice of the date on which the copy of the by-law was received.

The Minister may, within ninety days following receipt of the copy of the by-law, disallow the by-law or require the Commission des transports du Québec to hold a public hearing in order to provide him with recommendations.

The Minister may order the regional authority to give effect to the Commission’s recommendations.

If the regional authority fails to comply with the recommendations, the Minister may amend the by-law and bring it into force.

1983, c. 46, s. 64; 1986, c. 63, s. 15.

65. No regional authority may publish a by-law contemplated in section 64 or cause it to come into force before the following date:

(1)  the ninety-first day following receipt of a copy of the by-law by the Minister if he has not informed the regional authority of his disallowance of the by-law or of a request for a hearing before the Commission;

(2)  the day on which the regional authority receives notice from that Minister stating that he will not carry out any of the aforementioned acts;

(3)  where a request was made to the Commission, the day on which the regional authority receives notice from the Minister stating that he will not disallow the by-law;

(4)  where the Minister ordered the giving of effect to certain recommendations of the Commission, the day on which the by-law is amended in accordance with the Minister’s order.

The amended by-law complying with the Minister’s order is not subject to the rules described above except the rule respecting the copy to be transmitted to the Minister.

1983, c. 46, s. 65.

66. Every regional county municipality shall, before passing a by-law under section 62, send a copy of the draft by-law to the municipalities whose territory forms part of the territory of the regional county municipality.

1983, c. 46, s. 66; 1996, c. 2, s. 967; 1998, c. 31, s. 103.

67. Municipalities whose territory forms part of the territory of the same regional county municipality may enter into an intermunicipal agreement to create an intermunicipal board and make it responsible for the supervision and control of transportation by taxi in their territories.

Notwithstanding the first paragraph, no municipality whose territory forms part of an urban area contemplated in subparagraph 1 of the first paragraph of section 60 may enter into an agreement under the first paragraph unless all the municipalities whose territory forms part of the urban area are parties to the agreement.

The agreement is made in accordance with the Municipal Code (chapter C-27.1) or the Cities and Towns Act (chapter C-19), and copy thereof is sent to the Commission des transports du Québec.

An intermunicipal board established pursuant to this section is the sole regional authority within the meaning of this Act in the territory of the municipalities that are parties to the agreement.

1983, c. 46, s. 67; 1996, c. 2, s. 968.

CHAPTER IV POWERS OF THE COMMISSION DES TRANSPORTS DU QUÉBEC

68. The Commission des transports du Québec may, within the scope of the regulations,

(1)  issue, renew, transfer, restrict, alter, suspend and cancel a taxi permit;

(1.1)  grant the holder of a taxi permit authorization to specialize his undertaking in transportation by limousine or “de grand luxe” limousine;

(1.2)  prescribe, for each urban area or region it indicates, ratios enabling it to determine the maximum number of taxi permits that may specialize in transportation by limousine or “de grand luxe” limousine;

(1.3)  issue, renew, transfer, suspend or cancel the service management permit referred to in subparagraph 21 of section 60 where the powers mentioned in subparagraph 8 of section 62 are not exercised by a regional authority;

(2)  establish and delimit regions, not included in an urban area, within the territory of a regional authority;

(2.1)  fix, for the period and territories it specifies and according to the factors and criteria it establishes, the maximum amount of expenses relating to the use of an automobile driven by a volunteer driver as part of a charitable undertaking supported by a recognized humanitarian organization;

(3)  (subparagraph repealed);

(3.1)  require that an identification sticker, of the form and tenor it determines, be affixed to taxis, limousines or “de grand luxe” limousines, as the case may be, and fix the fee for the obtaining and renewal of such a sticker;

(3.2)  carry out the inspection and sealing of taximeters or authorize, for the territory it specifies, a person to do so on its behalf and fix the fee payable therefor;

(3.3)  prescribe the regions in which a taxi must be equipped with a taximeter;

(4)  (subparagraph repealed);

(5)  recognize one taxi owners’ league per urban area;

(6)  inquire into the management or the activities of a recognized league;

(7)  determine whether the annual contribution provided for in section 52 is sufficient to enable a league to carry out its responsibilities under section 50 and fix the contribution within the scope of section 52;

(8)  alter the territory for which a permit was issued so as to take into consideration the alteration of the territory of an urban area or so that the territory covered by the permit corresponds, from the renewal of the permit, to the territory delimited under subparagraph 2.

The rules of procedure and the rules for the internal management of the Commission made under section 48 of the Transport Act (chapter T-12) apply, with the necessary adjustments, to matters introduced under this Act.

The Commission may, in rendering a decision, take the public interest into account.

1983, c. 46, s. 68; 1984, c. 23, s. 40; 1986, c. 63, s. 16; 1987, c. 26, s. 17; 1990, c. 82, s. 15; 1993, c. 12, s. 17; 1996, c. 2, s. 969; 1997, c. 43, s. 787; 1998, c. 8, s. 10.

CHAPTER IV.1 PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1997, c. 43, s. 788.

68.1. Any decision of the Commission may be contested before the Administrative Tribunal of Québec by the person to whom the decision applies, an opponent or the Attorney General within 30 days following the date on which the decision takes effect.

1997, c. 43, s. 788.

68.2. The Attorney General may, ex officio and without notice, take part in a hearing as if he were party thereto.

1997, c. 43, s. 788.

68.3. When assessing the facts or the law, the Tribunal may not substitute its assessment of the public interest for the assessment thereof made by the Commission before making its decision pursuant to this Act or the regulations.

1997, c. 43, s. 788.

69. (Repealed).

1983, c. 46, s. 69; 1987, c. 97, s. 97.

CHAPTER V PENAL PROVISIONS

70. Every person who contravenes any provision of sections 7 to 11, 14, 19, 20, 39.2, 41.7, 41.8, 43, 48, 48.0.1, 48.1, 79.1, 88 or 94.2 of this Act or any provision of a regulation or by-law determined under subparagraph 25 of the first paragraph of section 60 or subparagraph 13 of the first paragraph of section 62 is guilty of an offence and liable to a fine of not less than $75 nor more than $1 400.

1983, c. 46, s. 70; 1985, c. 35, s. 55; 1986, c. 63, s. 17; 1986, c. 58, s. 108; 1987, c. 26, s. 18; 1990, c. 4, s. 867; 1990, c. 82, s. 16; 1991, c. 33, s. 139; 1993, c. 12, s. 18; 1998, c. 8, s. 11.

70.0.1. Every person who contravenes section 4 is guilty of an offence and is liable to a fine of not less than $300 nor more than $1 000.

1993, c. 12, s. 19.

70.1. Every person who contravenes any provision of sections 3, 5, 90, 90.3, 90.6, 91.1, 94.0.4 and 94.0.6 of this Act is guilty of an offence and liable to a fine of not less than $1 000 and not more than $3 000.

1990, c. 82, s. 17; 1993, c. 12, s. 20.

70.1.1. Subject to the third paragraph of section 42, a carrier who requires remuneration for private transportation by taxi that differs from the tariff fixed by the Commission is guilty of an offence and liable to a fine of $75 to $1,400.

1998, c. 8, s. 12.

70.2. Every person who holds a permit referred to in section 91 or 93 and who supplies services exceeding those which his permit authorizes him to supply, is guilty of an offence and is liable to a fine of $2 000 to $3 000. In the case of subsequent conviction the fine shall be of $3 000 to $4 000.

1993, c. 12, s. 21.

70.3. Every person who, without holding a taxi permit issued under this Act, offers, by advertisement or otherwise, services of transportation of persons by automobile for remuneration, is guilty of an offence and is liable to a fine of $500 to $1 000. In the case of subsequent conviction the fine shall be of $1 000 to $2 000.

The first paragraph does not apply to a person who holds a travel agent’s licence within the meaning of the Travel Agents Act (chapter A-10), a person who installs signs to identify a public or private taxi stand or a firm, association or body referred to in subparagraph 21 of section 60 or, as the case may be, in subparagraph 8 of section 62.

1993, c. 12, s. 21.

70.4. Every person who offers for lease an automobile with the services of a person to drive the automobile without holding a taxi permit, whether or not the driver is remunerated, is guilty of an offence and is liable to a fine of $1 000 to $3 000.

1993, c. 12, s. 21.

70.5. Every person having an interest in both an automobile leasing firm and in a firm that offers the services of a driver, whether or not the driver is remunerated, is guilty of an offence and is liable to a fine of $1 000 to $3 000.

1993, c. 12, s. 21.

71. Every person who knowingly does or omits to do something in order to aid another person to commit an offence described in sections 70 and 70.1, or who advises, encourages or incites a person to commit an offence is a party to the offence and is liable to the penalty prescribed for the offence.

1983, c. 46, s. 71; 1990, c. 82, s. 18.

72. Where a legal person is guilty of an offence described in sections 70 and 70.1, every director, employee or agent of the legal person who ordered, authorized or recommended the commission of the offence or who consented thereto is a party to the offence and is liable to the penalty prescribed for the offence.

1983, c. 46, s. 72; 1990, c. 82, s. 19; 1999, c. 40, s. 321.

73. Penal proceedings for an offence under this Act may be instituted by a regional authority or by a municipality, where the offence is committed in its territory.

However, no proceeding may be instituted by a municipality whose territory forms part of the territory of a regional authority which exercises that power.

1983, c. 46, s. 73; 1990, c. 4, s. 868; 1990, c. 82, s. 20; 1992, c. 61, s. 605.

74. (Repealed).

1983, c. 46, s. 74; 1986, c. 63, s. 18; 1987, c. 26, s. 19; 1992, c. 61, s. 606.

75. (Repealed).

1983, c. 46, s. 75; 1987, c. 26, s. 20; 1990, c. 82, s. 21; 1992, c. 61, s. 606.

76. (Repealed).

1983, c. 46, s. 76; 1986, c. 63, s. 19; 1987, c. 26, s. 21; 1990, c. 82, s. 22; 1992, c. 61, s. 606.

76.1. (Repealed).

1987, c. 26, s. 21; 1992, c. 61, s. 606.

76.2. (Repealed).

1987, c. 26, s. 21; 1992, c. 61, s. 606.

76.3. (Repealed).

1987, c. 26, s. 21; 1992, c. 61, s. 606.

77. (Repealed).

1983, c. 46, s. 77; 1987, c. 26, s. 22; 1992, c. 61, s. 606.

77.1. (Repealed).

1987, c. 26, s. 23; 1990, c. 82, s. 23.

77.2. (Repealed).

1987, c. 26, s. 23; 1992, c. 61, s. 606.

77.3. A payment is deemed to have been made once the proper sum is paid in cash or otherwise to the prosecuting party or another person designated by him.

Such payment is presumed to have been made by the defendant upon whom the statement of offence was served.

1987, c. 26, s. 23; 1992, c. 61, s. 607; 1999, c. 40, s. 321.

78. In any proceedings, transportation of persons by automobile is presumed to be remunerated.

1983, c. 46, s. 78; 1999, c. 40, s. 321.

79. Where a peace officer or an employee of a regional authority or a municipality entrusted with the carrying out of this Act ascertains an offence under section 70, he may serve a statement of offence on the driver with a notice enjoining the defendant to remedy the offence and furnish proof thereof within 48 hours.

The statement of offence ceases to have effect if the required proof is furnished, within the time prescribed, to a peace officer or, as the case may be, an employee of a regional authority or a municipality entrusted with the carrying out of this Act.

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

1983, c. 46, s. 79; 1986, c. 63, s. 20; 1987, c. 26, s. 24; 1992, c. 61, s. 608; 1999, c. 40, s. 321.

79.1. No person may hinder the action of a peace officer or an employee of a regional authority entrusted with the enforcement of this Act, mislead him by omission or false statements or refuse to give him any information relating to a taxi permit or to produce his taxi driver’s permit for examination.

1986, c. 63, s. 20.

79.2. An employee of a regional authority authorized to exercise the powers provided in section 79 shall upon request produce a certificate or badge attesting his capacity.

1986, c. 63, s. 20.

80. If proceedings are instituted by a regional authority or a municipality, the fine collected belongs wholly to the prosecutor. The regional authority shall, every year, make a report of convictions to the Attorney General.

1983, c. 46, s. 80; 1990, c. 82, s. 24.

81. Where the territory of a regional authority or a municipality is subject, in whole or in part, to the jurisdiction of a municipal court, proceedings may be instituted before the court.

1983, c. 46, s. 81; 1990, c. 82, s. 25.

CHAPTER VI LIMOUSINE AND “DE GRAND LUXE” LIMOUSINE FIRMS

1993, c. 12, s. 22.

DIVISION I GENERAL PROVISIONS

82. Any holder of a permit, other than a taxi owner’s permit, authorized thereunder to transport persons for remuneration in an automobile not registered as a taxi may, before 1 April 1985, apply to the Commission des transports du Québec to have the permit replaced by a specialized taxi permit prescribed for the type of transportation authorized.

Until 1 April 1985 or the date of the coming into force of the decision of the Commission, on an application contemplated in the first paragraph, the authorized carrier is not required to hold a permit under this Act to continue his operations.

Following the time limits prescribed in the second paragraph, the authorization to transport persons in an automobile not registered as a taxi is revoked.

1983, c. 46, s. 82.

83. A taxi permit issued under this chapter is a specialized taxi permit which is restricted to the specialized transportation authorized by it.

1983, c. 46, s. 83; 1985, c. 35, s. 56.

84. Notwithstanding section 83, sections 21, 49, 50 and 51 to 59 do not apply to a specialized taxi permit issued under this chapter.

1983, c. 46, s. 84; 1985, c. 35, s. 56; 1993, c. 12, s. 23.

85. (Replaced).

1983, c. 46, s. 85; 1985, c. 35, s. 56.

DIVISION II LIMOUSINE PERMITS

86. The Commission may issue a limousine permit to replace a permit to transport persons which was in force on 16 November 1983 and did not include any restriction related to social events as regards the transportation of persons, and which authorized its holder to provide “luxury” transportation with an automobile not registered as a taxi.

1983, c. 46, s. 86.

87. Before issuing a permit to a firm, the Commission shall fix the maximum number of automobiles that may be operated under the permit, which may in no case exceed the maximum number of automobiles operated as limousines by that firm and registered in its name between 1 January 1980 and 16 November 1983 for the type of transportation authorized.

1983, c. 46, s. 87; 1985, c. 35, s. 57.

88. Transportation supplied under a limousine permit shall be supplied in the territory of the Communauté urbaine de Montréal.

Notwithstanding the first paragraph, transportation may be supplied outside the territory in the following cases:

(1)  if the pick-up point or the destination of the trip is situated in the territory;

(2)  if the pick-up point and the destination of the trip are situated outside the territory, in places that are not served by another holder of a limousine permit or by a permit holder contemplated in section 18 and authorized to provide “luxury” transportation.

1983, c. 46, s. 88; 1986, c. 63, s. 21.

89. (Repealed).

1983, c. 46, s. 89; 1986, c. 63, s. 22.

90. Transportation supplied under a limousine permit shall be supplied only with limousines registered with the Commission.

1983, c. 46, s. 90.

90.1. The Government may, by order and for the territory of each regional authority, authorize the Commission des transports du Québec to issue a limousine permit to a person who does not hold a taxi permit and who shows that he was entitled to avail himself, in that territory, of section 77 of the Act to amend various legislation respecting transport (1985, chapter 35), that he exercised that right and has been exercising it continuously since then.

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

1985, c. 35, s. 58.

90.2. The Commission shall, before issuing a limousine permit, fix the maximum number of automobiles that may be operated under the permit; that number shall not however exceed the maximum number of automobiles operated under section 77 of the Act to amend various legislation respecting transport (1985, chapter 35).

The Commission shall also indicate for what territory it delivers the permit; the territory shall correspond to the territory of the regional authority in which the applicant’s principal establishment is situated.

1985, c. 35, s. 58; 1986, c. 63, s. 23; 1999, c. 40, s. 321.

90.3. Transportation supplied under a limousine permit shall be supplied in the territory of the regional authority for which it was issued.

Notwithstanding the first paragraph, transportation may be supplied outside the territory in the following cases:

(1)  if the pick-up point or the destination of the trip is situated in the territory;

(2)  if the pick-up point and the destination of the trip are situated outside the territory, in places that are not served by another holder of a limousine permit or by a permit holder contemplated in section 18 and authorized to provide “luxury” transportation.

1985, c. 35, s. 58; 1986, c. 63, s. 24.

90.4. Sections 89 and 90 apply to a limousine permit issued under section 90.1.

1985, c. 35, s. 58.

90.5. The Commission shall, from 1 April 1997, revise the maximum number of automobiles whose operation it authorized for each permit under sections 87 and 90.2 in order that the number of automobiles relating to each of those permits corresponds to the maximum number of limousines and “de grand luxe” limousines effectively operated between 31 March 1995 and 31 March 1997.

1993, c. 12, s. 24.

90.6. The holder of a permit issued under sections 86 and 90.1 shall give to the Commission the address of the place where his limousines or “de grand luxe” limousines are kept for storage and maintenance.

The Commission shall mention this place on the holder’s permit and on every certificate.

1993, c. 12, s. 24.

CHAPTER VI.0.1 OTHER SPECIALIZED TAXI PERMITS

1993, c. 12, s. 24.

DIVISION I TRANSPORTATION FOR SPECIAL OCCASIONS

1993, c. 12, s. 24.

91. The Commission may issue a restricted specialized taxi permit authorizing the transportation, for remuneration, of persons on the occasion of christenings, weddings, civil unions or funerals to every person who applies for such a permit and who satisfies the conditions established by regulation of the Government.

The permit shall relate to one automobile and be issued for all the territory of Québec.

Sections 4, 21, the first paragraph of section 26 and sections 49, 50 and 51 to 59 do not apply to the permit.

1983, c. 46, s. 91; 1993, c. 12, s. 24; 2002, c. 6, s. 216.

91.1. The holder of a permit issued under section 91 shall give to the Commission the address of the place where his automobile is kept for storage and maintenance.

The Commission shall mention this place on the holder’s permit and on every certificate.

1993, c. 12, s. 24.

92. The holder of a taxi permit or the holder of a limousine permit or a “de grand luxe” limousine permit may use his taxi, limousine or “de grand luxe” limousine, as the case may be, to supply transportation comparable to the transportation authorized under section 91 without holding the permit required under that section.

1983, c. 46, s. 92; 1993, c. 12, s. 24.

93. The Commission may issue a restricted specialized taxi permit authorizing the transportation, for remuneration, of persons by antique automobile to every person who applies for such a permit and satisfies the conditions established by regulation of the Government.

The permit shall relate to one automobile and be issued for all the territory of Québec.

Sections 4, 21, the first paragraph of section 26 and sections 49, 50, 51 to 59 and 61 do not apply to the permit.

1983, c. 46, s. 93; 1993, c. 12, s. 24.

94. Notwithstanding sections 23 to 25, the Commission shall not issue a permit under section 93 for a period exceeding 6 months. The permit may be renewed.

1983, c. 46, s. 94; 1993, c. 12, s. 24.

DIVISION II

Repealed, 2001, c. 15, s. 145.

2001, c. 15, s. 145.

94.0.1. (Repealed).

1987, c. 26, s. 25; 2001, c. 15, s. 145.

94.0.2. (Repealed).

1987, c. 26, s. 25; 2001, c. 15, s. 145.

94.0.3. (Repealed).

1987, c. 26, s. 25; 2001, c. 15, s. 145.

94.0.4. (Repealed).

1987, c. 26, s. 25; 2001, c. 15, s. 145.

94.0.5. (Repealed).

1987, c. 26, s. 25; 1993, c. 12, s. 26; 2001, c. 15, s. 145.

94.0.6. (Repealed).

1993, c. 12, s. 27; 2001, c. 15, s. 145.

CHAPTER VI.1 TOURIST SERVICE BY TAXI

1985, c. 35, s. 59.

94.1. The Commission des transports du Québec may authorize a taxi permit holder to provide a tourist service by taxi for the routes and according to the tariffs it determines.

1985, c. 35, s. 59; 1998, c. 8, s. 13.

94.2. Every tourist service by taxi shall be provided in accordance with the authorization of the Commission.

1985, c. 35, s. 59.

CHAPTER VII MISCELLANEOUS PROVISIONS

95. (Omitted).

1983, c. 46, s. 95.

96. (Amendment integrated into c. C-19, s. 416).

1983, c. 46, s. 96.

97. (Amendment integrated into c. C-27.1, a. 688).

1983, c. 46, s. 97.

98. (Amendment integrated into c. C-24.1, ss. 1, 66, 92, 133, 197, 200, 252, 276, 512, 558).

1983, c. 46, s. 98.

99. (Amendment integrated into c. C-24.1, s. 58).

1983, c. 46, s. 99.

100. (Amendment integrated into c. C-24.1, s. 95.1).

1983, c. 46, s. 100.

101. (Amendment integrated into c. C-24.1, s. 273).

1983, c. 46, s. 101.

102. (Amendment integrated into c. C-37.1, s. 171.1).

1983, c. 46, s. 102.

103. (Amendment integrated into c. C-37.2, s. 253.1).

1983, c. 46, s. 103.

104. (Amendment integrated into c. C-37.3, s. 188.1).

1983, c. 46, s. 104.

105. (Amendment integrated into c. C-70, s. 38.1).

1983, c. 46, s. 105.

106. (Omitted).

1983, c. 46, s. 106.

107. (Omitted).

1983, c. 46, s. 107.

108. (Amendment integrated into c. T-12, s. 2).

1983, c. 46, s. 108.

109. (Amendment integrated into c. T-12, s. 5).

1983, c. 46, s. 109.

110. (Amendment integrated into c. T-12, s. 6).

1983, c. 46, s. 110.

111. (Amendment integrated into c. T-12, s. 8).

1983, c. 46, s. 111.

112. (Amendment integrated into c. T-12, s. 23).

1983, c. 46, s. 112.

113. (Amendment integrated into c. T-12, s. 32).

1983, c. 46, s. 113.

114. (Amendment integrated into c. T-12, s. 34.1).

1983, c. 46, s. 114.

115. (Repealed).

1983, c. 46, s. 115; 1990, c. 82, s. 26.

116. In every Act, regulation, order, order in council or other document, any reference to a provision of the Transport Act (chapter T-12) relating to transportation by taxi or to a provision of the Regulation respecting transport by taxicab (R.R.Q., 1981, chapter T-12, r. 22) or of the Regulation respecting drivers’ permits (R.R.Q., 1981, chapter C-24, r. 26) is a reference to the equivalent provision of this Act or of a regulation made under this Act.

1983, c. 46, s. 116.

116.1. The provisions of the Transport Act (chapter T-12) that are not inconsistent with this Act and that govern inquiries, the powers of the Commission and of its members, the decisions of the Commission and the review of such decisions apply, adapted as required, to the transportation, for remuneration, of persons by automobile.

1987, c. 26, s. 26; 1990, c. 82, s. 27; 1997, c. 43, s. 789.

116.2. Any peace officer or employee of a regional authority entrusted with the enforcement of this Act may, for that purpose, act as an inspector.

1987, c. 26, s. 26.

117. Every holder of a taxi owner’s permit issued under the Transport Act (chapter T-12) or the Regulation respecting transport by taxicab (R.R.Q., 1981, chapter T-12, r. 22) is deemed to be the holder of a taxi permit issued under this Act until 1 April 1985.

Subsequently, the permit is renewed in accordance with this Act.

This section does not have the effect of exempting a permit holder from the requirement of renewing his permit for the year 1984.

1983, c. 46, s. 117; 1984, c. 23, s. 41.

118. (Repealed).

1983, c. 46, s. 118; 1987, c. 26, s. 27.

119. Matters relating to transportation by taxi that are pending before the Commission des transports du Québec under the Transport Act (chapter T-12) on 21 December 1983 are continued and decided by the Commission in accordance with this Act.

1983, c. 46, s. 119.

120. For the purposes of execution and for the term of a contract entered into before 16 November 1983 with a municipality or a public transport body to provide transportation for handicapped persons, this Act does not apply to the carrier bound by the contract.

1983, c. 46, s. 120.

121. Every taxi owners’ league recognized by the Commission des transports du Québec before 16 November 1983 is deemed to be a taxi owners’ league recognized under this Act.

1983, c. 46, s. 121.

122. The Minister of Transport is responsible for the administration of this Act.

1983, c. 46, s. 122.

123. No collective agreement between a public body providing transport and its employees may restrict the power of the body to contract to provide a special transportation service by taxi for handicapped persons or to organize shared transportation by taxi.

In no case may a regular employee contemplated in a collective agreement under which the power to contract of a public body providing transport is subject to such a restriction be dismissed or laid off by the body owing to a contract entered into for the organization of shared transportation by taxi except in the case of a special transportation service by taxi for handicapped persons.

Any dispute relating to the application or interpretation of the second paragraph may be submitted to grievance arbitration in accordance with the Labour Code (chapter C-27) as in the case of a grievance.

1983, c. 46, s. 123.

124. (Repealed).

1983, c. 46, s. 124; 1990, c. 82, s. 28.

125. (Repealed).

1983, c. 46, s. 125; 1990, c. 82, s. 28.

126. (Repealed).

1983, c. 46, s. 126; 1986, c. 63, s. 25.

127. (This section ceased to have effect on 21 December 1988).

1983, c. 46, s. 127; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

128. (Omitted).

1983, c. 46, s. 128.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 46 of the statutes of 1983, in force on 1 January 1984, is repealed, except sections 106, 107 and 128 effective from the coming into force of chapter T-11.1 of the Revised Statutes.