S-6.01 - Act respecting transportation services by taxi

Updated to 21 June 2001

This document has official status.

chapter S-6.01

Act respecting transportation services by taxi

Not in force

34.1. Holders of a taxi transportation service intermediary’s permit must, not later than 180 days after the date the permit is issued, submit for the approval of the Commission a by-law on the conduct and ethics required of the taxi owners and drivers to whom they provide services

Any changes made to the by-law by the permit holder must be submitted to the Commission for approval.

2009, c. 17, s. 8.

CHAPTER V ASSOCIATION PROFESSIONNELLE DES CHAUFFEURS DE TAXI

35. The “Association professionnelle des chauffeurs de taxi du Québec” is hereby established.

The Association is a legal person governed by Part III of the Companies Act (chapter C-38).

The internal by-laws of the Association must provide for the position of vice-president, which may only be filled by the holder of a taxi driver’s permit who usually carries on the occupation of taxi driver in the main taxi servicing area located in the territory of Ville de Montréal.

2001, c. 15, s. 35.

36. The principal functions of the Association are to represent, collectively and individually, all the holders of a taxi driver’s permit and to promote their interests, in particular, by improving practices in the taxi industry as regards human resources, by promoting services and employee benefits for taxi drivers, by disseminating information and providing training relevant to their activities, and by promoting taxi service utilization.

The Association is also responsible for developing and enforcing a code of ethics governing the actions and conduct of holders of a taxi driver’s permit and for setting up a discipline committee to examine the complaints from users, the Commission, the Société de l’assurance automobile du Québec and the municipal and supramunicipal authorities.

However, notwithstanding the first paragraph, the Association may not intervene, directly or indirectly, in the administration or management of the day-to-day business of a holder of a taxi owner’s permit.

2001, c. 15, s. 36.

37. The discipline committee of the Association has the power to reprimand, or impose a penalty for wrongful actions, omissions or wrongful conduct of a holder of a taxi driver’s permit, whether or not the permit holder is a member of the Association. The discipline committee may set time limits and conditions to remedy the situation. It may also suspend the right of a person to carry on the occupation of taxi driver.

In every case, the committee must give the person whose action, omission or conduct is to blame the right to present observations within reasonable time. The holder of a taxi driver’s permit whose right to carry on his or her occupation has been suspended may not carry on the occupation of taxi driver while the suspension lasts. In each case, the Association must, for the purposes of section 31, notify the Société or, where applicable, the municipal or supramunicipal authority that issued the taxi driver’s permit.

If the holder of a taxi driver’s permit is not satisfied with a decision of the discipline committee, the holder may apply in writing for arbitration within 10 days of the decision. In such a case, the notice referred to in the second paragraph is cancelled or suspended, according to the decision of the arbitrators, until the date on which the arbitration award is homologated. Articles 940.1 to 940.5 and 941 to 947 of the Code of Civil Procedure (chapter C-25) apply to arbitration under this section.

2001, c. 15, s. 37.

38. The Association has a legal interest and may intervene at any time before the Commission, a court or a municipal or supramunicipal authority to defend the interests of the holders of a taxi driver’s permit or to denounce a wrongful act committed by the holder of a taxi driver’s permit.

The Association may also make representations to the Commission on any matter concerning passenger transportation for remuneration. However, where it receives a notice under the first paragraph of section 10 or the first paragraph of section 32, it shall, within three days after the date of the notice, indicate to the Commission its intention to intervene. Failing that, it is deemed not to object.

2001, c. 15, s. 38.

39. Every holder of a taxi driver’s permit is entitled to be a member of the Association and to take part in its activities.

The first paragraph may not be construed as prohibiting a person who is the holder of both a taxi driver’s permit and a taxi owner’s permit from being a member of the Association and joining any association that represents the specific interests of the holders of taxi owner’s permits.

2001, c. 15, s. 39.

40. For the financing of its activities, the Association may, by means of a by-law approved by a majority of the votes cast by all holders of a taxi driver’s permit after the holding of a vote, establish an annual contribution.

Every holder of a taxi driver’s permit, whether or not the permit holder is a member of the Association, has the right to vote. To exercise the right to vote, permit holders who are not members must register with the Association and establish their quality as holders of a taxi driver’s permit within the time prescribed by regulation.

The Commission shall determine, together with the Association, the manner in which the vote is to be announced, held and supervised and the manner in which votes are to be counted.

2001, c. 15, s. 40.

41. Every holder of a taxi driver’s permit must pay the contribution fixed under section 40 to maintain his or her taxi driver’s permit.

The Association shall send to the Société and, where applicable, to a municipal or supramunicipal authority that issues taxi driver’s permits the list of taxi drivers who failed to pay the contribution within the time limits determined in the Association’s by-laws. The Société and the authority must suspend the taxi driver’s permit of those persons, whether or not they are members of the Association, until proof of payment of the contribution is furnished.

2001, c. 15, s. 41.

42. The Minister of Transport may direct a person designated by the Minister to inquire into the management or the activities of the Association.

The person so designated shall have, for the purposes of the inquiry, the immunity and powers of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

2001, c. 15, s. 42.

43. The Government may, during or after the inquiry, order that the powers of the Association be suspended for the period it determines or that its directors be dismissed, and appoint an administrator who shall exercise the powers of the board of directors.

2001, c. 15, s. 43.

44. The administrator may, subject to the rights of third persons in good faith, revoke any decision made by the Association.

2001, c. 15, s. 44.

45. The administrator must present to the Government, as soon as possible, a detailed report on the administrator’s findings, together with the administrator’s recommendations. The administrator has the same powers and immunity as the investigator designated under section 42.

2001, c. 15, s. 45.

46. The Government may, upon the report of the administrator,

(1)  lift the suspension of the powers of the board of directors;

(2)  dismiss the members of the board of directors it designates and order that a meeting of the Association be held for the election of new board members.

A member of the board dismissed from office becomes disqualified to hold office as director of the Association for a period of five years from the date of dismissal.

2001, c. 15, s. 46.

47. The Government may, by order, determine any measure concerning the composition of the board of directors of the Association, the conditions to meet to be eligible as a director, the procedure applicable to the election of the directors, the organization, management and administration of the Association and a vote held under section 46, such order taking precedence over any by-law of the Association.

2001, c. 15, s. 47.

CHAPTER IX COOPERATION AND CONSULTATION

DIVISION I FORUM DES INTERVENANTS DE L’INDUSTRIE DU TAXI

72. The “Forum des intervenants de l’industrie du taxi” is hereby established.

The object of the Forum is to foster concerted action between the major stakeholders in the taxi industry as regards various commercial practices in the industry including, in particular, those affecting the development of human resources, and to advise the Minister on measures for developing the industry, in particular by presenting recommendations on which a consensus was reached.

The Forum shall be composed of a president, appointed by the Government, and of no more than nine other members appointed by the Minister to represent holders of a taxi driver’s permit, holders of a taxi transportation service intermediary’s permit, holders of a taxi owner’s permit, including those offering specialized transportation services by taxi, and customers.

For the purposes of the third paragraph, the Government shall identify by order the associations and groups that will be invited by the Minister to submit the names of two persons from whom the Minister will choose the member who is to represent their interest. In addition to the holders of taxi driver’s permits represented by the Association professionnelle des chauffeurs de taxi du Québec, the associations and groups identified by order must permit the holders of taxi owner’s permits, holders of taxi transportation service intermediary’s permits and users of taxi transportation services to have at least one representative.

2001, c. 15, s. 72.

73. The Minister shall determine, by an order published in the Gazette officielle du Québec, the mode of operation of the Forum.

The Minister shall designate a secretary from among the employees of the Minister’s department.

2001, c. 15, s. 73.

74. The Government shall determine the remuneration, the social benefits and other conditions of employment of the president.

The other members of the Forum shall receive no remuneration except in such cases, on such conditions and to such extent as the Government may determine. They are, however, entitled to the reimbursement of expenses incurred in the performance of their duties, subject to the conditions and to the extent determined by the Government.

2001, c. 15, s. 74.

DIVISION II ADVISORY COMMITTEE

75. The Minister may establish an advisory committee composed of not more than five holders of a taxi owner’s permit.

Two of the persons must be permit holders providing service in a servicing area located in the territory of the Communauté métropolitaine de Montréal, one person must be a permit holder providing service in a servicing area located in the territory of the Communauté métropolitaine de Québec, one person must be a permit holder providing service in a servicing area located in the territory of Ville de Hull-Gatineau and one person must be a permit holder serving a territory located outside those territories.

For the purposes of this division, until 1 January 2002, “Communauté métropolitaine de Montréal”, “Communauté métropolitaine de Québec” and “Ville de Hull-Gatineau” shall read, respectively, as “Communauté urbaine de Montréal”, “Communauté urbaine de Québec” and “Communauté urbaine de l’Outaouais”.

2001, c. 15, s. 75.

76. The mandate of the advisory committee is to advise the Minister on the application of this Act with respect to the commercial practices of taxi owner’s permit holders and on any other matter the Minister submits to the committee.

2001, c. 15, s. 76.

77. The members of the advisory committee shall receive no remuneration. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, subject to the conditions and to the extent determined by the Government.

2001, c. 15, s. 77.

78. The Minister may designate a public servant to act as secretary of the advisory committee.

2001, c. 15, s. 78.

CHAPTER XIV AMENDING AND TRANSITIONAL PROVISIONS

135. Until the members of the board of directors of the Association professionnelle des chauffeurs de taxi du Québec have been elected, the affairs of the Association shall be administered by a provisional board of directors comprising three members, two of which shall be appointed by the Minister of Transport and the other by the Commission. The member appointed by the Commission shall act as chair.

The mandate of the provisional board of directors is

(1)  to transmit to the Inspector General of Financial Institutions a notice of the establishment of the first head office of the Association, which shall be situated in the territory of Ville de Québec;

(2)  to admit as a member of the Association every holder of a taxi driver’s permit who signs the membership form prescribed by the board and pays a $10 admission fee;

(3)  to submit to its members, for adoption, the first internal management by-laws of the Association; and

(4)  to inform its members of the procedure applicable to the first election of the members of the board of directors.

The first election of the members of the board of directors must be held at a date subsequent to the coming into force of the first internal management by-laws.

2001, c. 15, s. 135.

136. At the first meeting following the meeting during which the members of the board of directors are elected, the Association professionnelle des chauffeurs de taxi du Québec shall, according to the democratic rules it establishes, pass a by-law identifying, by category, the contracts that require the authorization of its members to take effect. In each case, the authorization shall require the adoption of a resolution to that effect voted by members present at a special meeting.

2001, c. 15, s. 136.

137. The legal persons recognized by the Commission as taxi leagues and listed in the schedule to this Act are hereby dissolved.

The legal personality of a dissolved legal person subsists for the purposes of the liquidation. Accordingly, a liquidator designated under section 138 has all the necessary powers to perform, on behalf of the dissolved legal person, all acts of administration the liquidator considers expedient until the closing of the liquidation.

Each member of the board of directors of a legal person referred to in the first paragraph is presumed to be personally liable for the acts, commitments and disbursements of the legal person under the member’s administration done or made on or after 15 November 2000 if the act, commitment or disbursement is not part of the ordinary course of the legal person’s business and was done or made with the member’s consent.

Sections 49 to 59 of the Act respecting transportation by taxi (chapter T-11.1) shall be repealed on 21 June 2001.

2001, c. 15, s. 137.

138. The Minister shall designate a liquidator for each of the legal persons referred to in section 137. The liquidator shall

(1)  have the seizin of the property, effects and assets of the dissolved person and make an inventory thereof;

(2)  act as an administrator of the property of others entrusted with full administration;

(3)  send to the Inspector General of Financial Institutions notice of the dissolution of the legal person for entry in the register of sole proprietorships, partnerships and legal persons together with a notice of his or her appointment;

(4)  be entitled to require from a person who was, on 15 November 2000, a director or member of the dissolved legal person any document and any explanation concerning the property, effects, assets, rights and obligations of the legal person;

(5)  pay the debts and settle the other obligations of the dissolved legal person as regards third persons in good faith;

(6)  apportion the assets among the members of the dissolved legal person, in equal shares, except in the case of property deriving from contributions paid by third persons, which the liquidator must remit to the Association professionnelle des chauffeurs de taxi du Québec established under section 35;

(7)  file with the Minister a detailed report concerning the execution of the mandate; and

(8)  advise the Inspector General of Financial Institutions of the deposit with the Minister of the liquidator’s detailed report and require that the registration of the dissolved legal person be revoked by the Inspector General; the date of the revocation shall, in the case of every dissolved legal person, be deemed to be the date of the closing of the liquidation.

2001, c. 15, s. 138.

152. (Omitted).

2001, c. 15, s. 152.

SCHEDULE

Name of the legal person       Head Office
 
La Ligue de taxis de           1100 Du Perche street 
Boucherville Inc.              Boucherville
                               Québec J4B 6K4
							   
La Ligue de taxis de           72 St-Sylvestre street, Suite 203  
Longueuil Inc.                 Longueuil
                               Québec J4H 2W2
							   
La Ligue de taxis de           7 Papineau street, Suite 101        
Candiac-Laprairie Inc.         Candiac
                               Québec J5R 5S8
 
La Ligue de taxis de           106 Léopold street 
Cowansville Inc.               Cowansville 
                               Québec J2K 1Y5

La Ligue de taxis de l’Est     6520 Beaubien Est street
de Montréal Inc.               Suite 101-A
                               Montréal 
                               Québec H1M 1A9

La Ligue de taxis de           673 Manseau blvd
Joliette Inc.                  Joliette 
                               Québec J6E 3E7

La Ligue de taxis de           387 Bank street, P.B. 151 
Lachute Inc.                   Brownsburg-Chatham
                               Québec J0V 1A0
							   
La Ligue de taxis de           4405 St-Martin Ouest blvd
Laval Inc.                     Laval
                               Québec H7T 1C5

La Ligue de taxis de           394 St-Jérôme
Matane Inc.                    Matane
                               Québec G4W 3B5
							   
La Ligue de taxis de           20 de la Gare street 
Mont-Joli Inc.                 Mont-Joli 
                               Québec G5H 1N7

La Ligue de taxis de           7373 Lajeunesse street
Montréal Inc.                  Montréal
                               Québec H2R 2H7
							   
La Ligne de taxis de L’Ouest   11475 Côte de Liesse, Suite 208
de Montréal Inc.               Dorval 
                               Québec H9P 1B3

La Ligue de taxis de           29 St-Joseph 
Rivière-du-Loup Inc.           Rivière-du-Loup
                               Québec G5R 1E9
							   
La Ligue des propriétaires     45 St-Laurent street
de taxi de St-Eustache Inc.    Saint-Eustache 
                               Québec J7P 1V9

La Ligue de taxis de           227 St-Georges, Suite 103
St-Jérôme Inc.                 Saint-Jérôme
                               Québec J7Z 5A1
							   
La Ligue de taxis de           50 Adélaïde street 
Sorel Inc.                     Sorel-Tracy
                               Québec J3P 1W4
							   
La Ligue de taxis de           466 des Seigneurs blvd, Suite 101
Terrebonne Inc.                Terrebonne
                               Québec J6W 1T3
							   
La Ligue de taxis de           92 Chemin des Bois-Francs Sud 
Thetford Mines Inc.            Thetford Mines 
                               Québec G6G 7W5
							   
La Ligue de taxis de           122 St-Jean-Baptiste street, P.B. 472 
Victoriaville Inc.             Victoriaville 
                               Québec G6P 6P3
							   
La Ligue de taxis de           480 Desmeules Nord 
l’agglomération d’Alma Inc.    Alma 
                               Québec G8B 5R7
							   
La Ligue de taxis de           181 LaSalle blvd
Baie-Comeau Inc.               Baie-Comeau 
                               Québec G4Z 1S7
							   
La Ligue de taxis              8 Tremblay street
Beauharnois Inc.               Châteauguay 
                               Québec J6J 3N4
							   
La Ligue de taxis de           885 des Prés street 
Beloeil Inc.                   Beloeil 
                               Québec J3G 5C7
							   
La Ligue de taxis de           22 Frontenac street 
St-Bruno Inc.                  Saint-Bruno-de-Montarville
                               Québec J3V 1B4

La Ligue de taxis de           111 58e Rue Est
Charlesbourg-Orsainville Inc.  Charlesbourg
                               Québec G1H 2E7

La Ligue de taxis de           142 Industriel 
Châteauguay Inc.               Châteauguay
                               Québec J6J 4Z2
							   
La Ligue de taxis de           1111 du Port avenue 
La Baie Inc.                   La Baie
                               Québec G7B 1W2
							   
La Ligue de taxis de           1551 Walberg blvd 
Dolbeau Mistassini Inc.        Dolbeau-Mistassini
                               Québec G8L 1H4
							   
La Ligue de taxis de           55 Bellevue street
Drummondville Inc.             Drummondville
                               Québec J2B 6V1
							   
La Ligue de taxis de l’Est     2659 d’Estimauville 
du Québec Inc.                 Beauport 
                               Québec G1E 3R6
							   
La Ligue de taxis de           105 L’Écuyer street  
l’agglomération de             Repentigny 
Repentigny Inc.                Québec J6A 8C5

La Ligue de taxis de           12 Centre street 
Granby Inc.                    Granby 
                               Québec J2G 5B3
							   
La Ligue de taxis de           165 Jean-Proulx street 
Hull Inc.                      Hull
                               Québec J8Z 1T4
							   
La Ligue de taxis de           41 St-Joseph street
Lévis Inc.                     Lévis
                               Québec G6V 1A8

La Ligue de taxis de           210 5e Rue 
Québec Inc.                    Québec
                               Québec G1L 2R6
							   
La Ligue de taxis de           55 de l’Évêché Est street
Rimouski Inc.                  Rimouski
                               Québec G5L 1X7
							   
La Ligue de taxis de           2631 blvd. du Versant-Nord
l’agglomération de Ste-Foy     Sainte-Foy 
Sillery Inc.                   Québec G1V 1A3

La Ligue de taxis de           1305 Calixa-Lavallée street 
St-Hyacinthe Inc.              Saint-Hyacinthe
                               Québec J2S 3E7
							   
La Ligue de taxis de           1604 La Vérendrye 
l’agglomération de             Trois-Rivières 
Trois-Rivières 1983 Inc.       Québec G8Z 2C9

La Ligue de taxis de           3 Viau street
St-Jean-sur-Richelieu          Saint-Luc
A-41 Inc.                      Québec J2W 1N5

La Ligue de taxis de           762 5e Rue 
Shawinigan Inc.                Shawinigan
                               Québec G9N 1E9
							   
La Ligue de taxis de           426 King Est
Sherbrooke Inc.                Sherbrooke
                               Québec J1G 1B5
							   
La Ligue de taxis de           171 Alexandre street
Valleyfield Inc.               Salaberry-de-Valleyfield
                               Québec J6S 3J1
							   
La Ligue de taxis              122 10e Avenue Ouest
d’Amos Inc.                    Amos
                               Québec J9T 1W8
							   
La Ligue de taxis de           518 2e Rue, P.B. 98 
Chibougamau Inc.               Chibougamau
                               Québec G8P 2K5
							   
La Ligue de taxis de           6 Galinée, P.B. 1202
Matagami Inc.                  Matagami
                               Québec J0Y 2A0
							            
La Ligue de taxis de           18 Tessier Ouest street 
Rouyn-Noranda Inc.             Rouyn-Noranda
                               Québec J9X 2S4
							   
La Ligue de taxis de           961 3ième Avenue 
Val d’Or Inc.                  Val-d’Or
                               Québec J9P 1T4
							   
La Ligue de taxis de           530 St-Louis street
La Tuque Inc.                  La Tuque
                               Québec G9X 2X4
							   
La Ligue de taxis de           2475 St-Dominique street
l’Ouest du Saguenay Inc.       Jonquière
                               Québec G7X 2L9

La Ligue de taxis du           640 Bégin, P.B. 922
Saguenay Inc.                  Chicoutimi
                               Québec G7H 5E8
							   
La Ligue de taxis de           462 Brochu ave 
Sept-Îles Inc.                 Sept-Îles
                               Québec G4R 2W8
							   
La Ligue de taxis de           10 Lavigne street
Ste-Thérèse Inc.               Boisbriand
                               Québec J7G 1P3
							   
La Ligue de taxis de           24 Smith 
Gatineau Inc.                  Gatineau
                               Québec J8T 2Z8
							   
La Ligue de taxis de           494 Arthur-Foucher
Le Gardeur Inc.                Le Gardeur
                               Québec J5Z 4E9
							   
La Ligue de taxis A-57 Inc.    108 Renaud street
                               Notre-Dame-de-L’Île-Perrot
                               Québec J7V 5X5      

2001, c. 15, schedule.