4. In order to obtain a brokerage permit, a non-profit legal person or a cooperative shall demonstrate that it represents at least 35% of the operators of heavy vehicles that are registered in the bulk trucking register under the Transport Act (chapter T-12), and that have had their principal establishment in the zone for which the permit is applied for since 1 November of the preceding year.
For the purposes of the first paragraph, where the application is for a brokerage permit in Region 10, operators that are registered in the bulk trucking register and that have signed, during the subscription period and pursuant to the second paragraph of section 16, a contract for brokerage services in that region, are added to the operators referred to in the first paragraph.
For the purposes of the first paragraph, a broker represents an operator of heavy vehicles when they enter into a contract for brokerage services between 1 January and 10 February of the year in which the broker applies to the Commission des transports du Québec for a brokerage permit or its renewal. When the name of an operator of heavy vehicles is on more than one subscribers list, the Commission shall, in the presence of the brokers concerned, ask the operator to specify the brokerage service to which he will be subscribing.
A contract for brokerage services entered into by an operator of heavy vehicles further to intimidation, threats or reprisals cannot be taken into account for establishing the representativeness of a legal person.
The name of a brokerage service subscriber of the James Bay brokerage zone may remain on the subscribers list of another zone.
If on 10 February no broker has enough subscribers to obtain the representativeness percentage required in a zone, the time for signing brokerage contracts referred to in the third paragraph is extended to 10 March.
O.C. 1483-99, s. 4; O.C. 1402-2000, s. 2; O.C. 1110-2010, s. 1; O.C. 1279-2011, s. 1.