T-11.2 - Act respecting remunerated passenger transportation by automobile

Section 179 Disposition versions

2019-10-10

179. In any penal proceedings relating to an offence under this Act,

(1)  proof that transportation was offered to the public or provided by a qualified driver is sufficient, in the absence of any evidence to the contrary, to establish proof of remunerated transportation;

(2)  an extract from a register kept in accordance with section 52 is, in the absence of any evidence to the contrary, sufficient evidence of the facts it contains if the extract is accompanied by an affidavit, of either the inspector or the employee of the Société or the Commission who prepared the extract, attesting that it is an exact reproduction of the information shared or to which the inspector or employee had access under the second paragraph of that section;

(3)  proof that the offence was committed by an agent, mandatary or employee of any party is sufficient to establish that it was committed by that party, unless the party establishes that it exercised due diligence, taking all necessary precautions to prevent the offence; and

(4)  the following persons are deemed to be agents of the transportation system operator:

(a)  drivers registered with the operator, when they offer passenger transportation through the system,

(b)  owners of automobiles registered with the operator when they are used to offer such transportation, and

(c)  the dispatcher or keeper of the register whose services the operator retains.

2019, c. 18, s. 179.