Acts and Regulations

M-16 - Motor Carrier Act

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Full text
Current to 1 January 2024
CHAPTER M-16
Motor Carrier Act
Definitions
1In this Act
“Board” means the New Brunswick Energy and Utilities Board continued under the Energy and Utilities Board Act;(Commission)
“commodity” Repealed: 1994, c.86, s.1
“licence” means a licence granted to a motor carrier under this Act;(permis)
“licensed motor carrier” means a motor carrier to whom a licence has been granted under this Act by the Board;(transporteur routier titulaire d’un permis)
“Minister” means the Minister of Transportation and Infrastructure;(Ministre)
“motor carrier” means a person that operates or causes to be operated in the Province a public motor bus;(transporteur routier)
“motor vehicle” includes any attached trailer;(véhicule à moteur)
“motor vehicle used for van pool purposes” means a motor vehicle(véhicule à moteur utilisé en vue du transport en commun en wagonnette)
(a) with a seating capacity of not more than fifteen persons;
(b) that is used to transport no more than fifteen commuters including the driver, none of whom pays for transportation more frequently than on a weekly basis;
(c) that is not used to transport commuters for more than one round trip per day; and
(d) the owner or lessee of which, unless he is the employer of a majority of the commuters transported in the vehicle, does not own or lease another such vehicle;
“owner” means the person in whose name a motor vehicle is registered, and includes a lessee where a lease agreement has been approved by the Board;(propriétaire)
“peace officer” means a peace officer as defined in the Motor Vehicle Act;(agent de la paix)
“public motor bus” means a motor vehicle operated upon a highway by or on behalf of a person who carries on the business of transporting passengers, or passengers and freight for gain;(autobus public)
“public motor truck” Repealed: 1994, c.86, s.1
“regulations” means the rules and regulations and general orders made under this Act by the Board;(règlements)
“Secretary” Repealed: 2006, c.E-9.18, s.99
“taxicab” means a motor vehicle having a seating capacity of not more than six persons, exclusive of the driver, used in the transportation of individuals for gain.(taxi)
1957, c.12, s.1; 1959, c.30, s.1; 1963 (2nd Sess.), c.28, s.1; O.C. 64-312; 1965, c.28, s.1; 1972, c.46, s.1; 1973, c.58, s.1; 1978, c.D-11.2, s.25; 1981, c.47, s.1; 1987, c.6, s.64; 1994, c.86, s.1; 1998, c.20, s.1; 2000, c.26, s.192; 2006, c.E-9.18, s.99; 2007, c.71, s.1; 2010, c.31, s.84
Power to act between meetings, concurrent hearings, hearing applications, review, power over motor carriers
2(1)Repealed: 1994, c.86, s.2
2(2)Repealed: 1994, c.86, s.2
2(3)Between meetings of the Board, the Chairperson of the Board, or in the absence of the Chairperson or the inability of the Chairperson to act, the Vice-Chairperson, may do any of the things that the Board is authorized to do under this Act, but an order or decision of the Chairperson or Vice-Chairperson made under this subsection shall be effective only until the next ensuing meeting of the Board, except as provided in section 4.1.
2(4)Repealed: 1994, c.86, s.2
2(4.1)Subject to the prior approval of and any terms or conditions specified by the Minister, the Board or any member or members thereof appointed for such purpose by the Chairperson of the Board may participate in concurrent hearings with authorities constituted under the laws of other jurisdictions, whether such hearings are held inside or outside of the Province.
2(4.2)Where the Chairperson of the Board so directs, any hearing required to be held under this Act may be conducted as a concurrent hearing referred to in subsection (4.1).
2(4.3)Notwithstanding any provision of this Act, but subject to any terms or conditions specified by the Minister, where a hearing under this Act is conducted as a concurrent hearing, the member or members of the Board participating in the hearing
(a) shall be deemed to be the Board and to have all the authority, powers and immunities of the Board in respect of all matters considered at the hearing, and
(b) shall deliver a decision that is separate from the decisions delivered by the other authorities.
2(5)The Chairperson of the Board may appoint two members of the Board to hear applications under this Act at any place in the Province and for that purpose the members so appointed may do any of the things that the Board is authorized to do under this Act, but any order or decision of these members is subject to approval of the Board.
2(6)Where an applicant or the Board is not satisfied with an order or decision made by two members of the Board under the authority of subsection (5), the application may be reviewed before the Board, at the request of the applicant or the Board.
2(7)Repealed: 1994, c.86, s.2
2(8)Without limiting any powers, duties, authority or jurisdiction conferred or imposed by this Act, all powers, duties, authority and jurisdiction as are vested in the New Brunswick Energy and Utilities Board over public utilities are hereby vested in the Board over motor carriers, except as otherwise specifically provided in this Act.
1957, c.12, s.2; 1960, c.50, s.1; 1960-61, c.56, s.1; 1963 (2nd Sess.), c.28, s.2, 3, 4; 1981, c.47, s.2; 1985, c.60, s.1; 1994, c.86, s.2; 1998, c.20, s.2; 2006, c.E-9.18, s.99
Repealed
2.1Repealed: 1994, c.86, s.3
1981, c.47, s.3; 1994, c.86, s.3
Public motor bus licence, conditions on licences
3(1)The Board may grant to any person a licence to operate or cause to be operated public motor buses over specified routes or in respect of specified points or geographic areas or generally throughout the Province, either as a regular service or an irregular service.
3(1.1)Repealed: 1994, c.86, s.4
3(2)In granting any licence under this Act, the Board may
(a) Repealed: 1994, c.86, s.4
(b) impose such conditions as it considers necessary, and
(c) require the licensee to provide security for the licence in such amount as it determines.
1957, c.12, s.3; 1959, c.30, s.2; 1960-61, c.56, s.2; 1963 (2nd Sess.), c.28, s.5; 1985, c.60, s.2; 1994, c.86, s.4; 1998, c.20, s.3
Application for licence, procedure, hearings, powers of Board
4(1)Any person wishing to obtain a licence referred to in section 3, or to obtain the granting of an application referred to in section 10, shall file with the Board an application in writing, in such form and containing such information as prescribed by the Board.
4(2)Upon the filing of an application in compliance with subsection (1),
(a) the Board shall set a time at which it will hold a meeting to consider the application, such time to be not later than seventy-five days after the date of the filing of the application, and
(b) the applicant shall publish notice of the application in the form prescribed by the Board once in The Royal Gazette at least twenty-one days before the time set under paragraph (a).
4(3)Any person who wishes to oppose an application filed under subsection (1) shall
(a) file with the Board a notice of objection to the application at least seven days prior to the date set under paragraph (2)(a),
(b) serve the applicant with a copy of the notice of objection filed with the Board
(i) by personal service at least seven days prior to the date set under paragraph (2)(a), or
(ii) by prepaid registered mail, at the address shown on the application, posted at least ten days prior to the date set under paragraph (2)(a), and
(c) file with the Board a written statement of objection setting out in full the reasons why the application should be denied, together with any relevant documentary evidence, at least one day prior to the date set under paragraph (2)(a).
4(4)A written statement of objection filed with the Board under paragraph (3)(c) shall be considered by the Board at the time set under paragraph (2)(a) and, if the Board determines that the objection does not establish a prima facie case that the granting of the application would likely be detrimental to the interests of the users of public transportation services, to provincial economic or social development, or to intraprovincial, interprovincial or international commerce, it shall immediately dismiss the objection and immediately notify in writing the person who filed the objection of such dismissal.
4(5)The Board shall grant an application at the meeting referred to in paragraph (2)(a), if
(a) no objection has been filed with the Board and served on the applicant in accordance with subsection (3),
(b) all objections under subsection (3) have been dismissed pursuant to subsection (4), or
(c) all objections under subsection (3) have been withdrawn
and, in the opinion of the Board, there are no sufficient and probable grounds to believe that the granting of the application would likely be detrimental to the interests of the users of public transportation services, to provincial economic or social development, or to intraprovincial, interprovincial or international commerce.
4(6)Where the Board does not grant an application under subsection (5), it shall immediately
(a) set a time and place for the hearing of the application, such time to be not later than forty days after the date of the meeting, unless a later date is requested by the applicant, and
(b) notify in writing all parties to the hearing of such time and place.
4(7)The parties to a hearing are
(a) the applicant,
(b) any person who has submitted an objection which has been found to establish a prima facie case against the application,
(c) any other persons with a bona fide interest in the application as determined by the Board.
4(8)In conducting a hearing, the Board
(a) has all the powers of a Commissioner under the Inquiries Act, and
(b) shall give all parties full opportunity to present evidence and make representations, in person or by counsel or agent.
4(9)After consideration of the evidence and submissions presented at a hearing, the Board shall grant the application unless it appears, on a balance of probabilities, that the granting of the application would likely be detrimental to the interests of the users of public transportation services, to provincial economic or social development, or to intraprovincial, interprovincial, or international commerce.
4(10)Within thirty days after the closing of the record of a hearing, the Board shall deliver its decision in writing to each of the parties to the hearing.
4(11)When making a decision in respect of the granting of an application under subsection (4), (5) or (9), the Board shall consider all criteria relating to the granting of applications prescribed by regulation under section 17.1.
1957, c.12, s.4; 1959, c.30, s.3, 4, 5, 6; 1960, c.50, s.2; 1960-61, c.56, s.3, 4, 5, 6; 1963 (2nd Sess.), c.28, s.6; 1971, c.46, s.2; 1973, c.58, s.2; 1981, c.47, s.4; 1983, c.7, s.14; 1985, c.60, s.3; 1998, c.20, s.4
Public motor carrier service during emergency
4.1In cases of extreme necessity or emergency,
(a) the Board or the Chairperson, or
(b) any other person designated by the Board with the approval of the Lieutenant-Governor in Council, subject to such limitations as are imposed by the Board,
may, in his or its discretion, grant authority to any person to operate a public motor carrier service in the Province for a period not exceeding thirty days, subject to such conditions as the grantor may impose.
1985, c.60, s.4; 1994, c.86, s.5; 2013, c.29, s.14
Minimum service requirements
4.2(1)The Board, upon the application of any licensed motor carrier or of its own motion and upon publication of the time and place of the hearing thereof as the Board directs, may, after the hearing, designate minimum service requirements in respect of any point, points or geographic areas within the Province.
4.2(2)Repealed: 1994, c.86, s.6
4.2(3)Repealed: 1994, c.86, s.6
4.2(4)Repealed: 1994, c.86, s.6
1985, c.60, s.4; 1994, c.86, s.6
Repealed
4.3Repealed: 1994, c.86, s.7
1985, c.60, s.4; 1994, c.86, s.7
Repealed
4.4Repealed: 1994, c.86, s.6
1985, c.60, s.4; 1994, c.86, s.8
Corridor operation
4.5Notwithstanding any other provision of this Act, the Board shall, upon application, grant any person a licence to operate public motor buses through the Province as a corridor operation.
1985, c.60, s.4; 1994, c.86, s.9
Costs
5(1)The Board may on any application to it award costs against an applicant, or any person having given notice of his intention to appear on the hearing of an application in opposition thereto, who does not appear at the time set for the hearing and fails to seek postponement of the hearing.
5(2)The Lieutenant-Governor in Council may prescribe a table of costs with which costs awarded under subsection (1) shall be in accord.
5(3)The costs may be taxed by the Registrar of The Court of King’s Bench of New Brunswick and recovered by action in any court of competent jurisdiction.
1973, c.58, s.3; 1979, c.41, s.84; 2023, c.17, s.161
Insurance requirements for licensed motor carrier
6(1)No licence shall be issued to a motor carrier unless there is filed with the Board a certificate of insurance of an insurance company or association authorized to transact business in the Province, in a form satisfactory to the Board, that certifies that the insurance requirements prescribed by regulation have been satisfied.
6(2)Repealed: 1994, c.86, s.10
6(3)Where an insurer has filed a certificate of insurance in accordance with subsection (1), the insurer shall at least fourteen days before the cancellation, expiry, or change of limits of such certificate, notify the Board of the cancellation, expiry, or change of limits, and in the absence of such notice the certificate of insurance remains in full force and effect.
1957, c.12, s.5; 1959, c.30, s.7, 8, 9, 10; O.C. 64-312; 1978, c.D-11.2, s.25; 1994, c.86, s.10
Cancellation of licence, suspension and revocation, alteration or amendment of licence, expansion of route, no application for new licence
7(1)Unless exercised within a period of thirty days from its issue, or within such further period as the Board may allow, a licence may in the discretion of the Board be cancelled, and any rights and privileges conferred thereby shall cease and determine.
7(2)The Board may at any time review and for good cause suspend any licence, and, after giving no less than ten days notice to the holder and allowing him an opportunity to be heard, may revoke, alter or amend any licence.
7(3)Where the Board finds that a licensed motor carrier is not furnishing proper service in accordance with its licence, such motor carrier shall be given a reasonable time, not less than twenty days, to furnish such service before its licence is cancelled or revoked, or a licence granted to some other motor carrier for such route.
7(4)Where the Board decides that the service provided by a motor carrier should be expanded to provide increased frequency of service or additional points to be serviced, it may notify the motor carrier to apply within thirty days for a new licence which would include the present service and its proposed expansion.
7(4.1)Where a motor carrier fails to apply for a new licence under subsection (4), the Board
(a) may consider applications from other motor carriers and grant a licence in respect of the present service and its proposed expansion, and
(b) may cancel the licence currently in force in respect of the present service.
7(5)The Board may require a motor carrier to furnish such information as it prescribes relating to the operations of its motor carrier service.
1957, c.12, s.7; 1959, c.30, s.12; 1985, c.60, s.5
Discontinuance of public service
8Except as provided in section 9 no licensed motor carrier shall abandon or discontinue any public motor bus service comprised within its licence without an order of the Board which shall be granted only after a hearing upon such notice as the Board may direct.
1957, c.12, s.8; 1963 (2nd Sess.), c.28, s.7; 1994, c.86, s.11
Power to discontinue operations on highway
9Where conditions are such that, in the opinion of the Minister, a highway is being or would be damaged by the operation of a public motor bus, the Minister may order an immediate discontinuance of operation on such highway until further order.
1957, c.12, s.9; 1980, c.33, s.1; 1994, c.86, s.12
Change of ownership of business or licence
10(1)No licensed motor carrier shall sell, lease, transfer, delegate or assign its motor carrier business or its licence or any right thereunder to another person, or enter into a consolidation or merger with another person unless it files an application with the Board in accordance with section 4 and such application is granted.
10(2)Subsection (1) does not apply to an unincorporated licensee who becomes incorporated under the laws of any province or of Canada when such incorporation does not constitute a change in ownership or control by another interest, but notice of such incorporation shall be filed with the Board together with such other information as the Board may deem necessary.
1957, c.12, s.10; 1959, c.30, s.13; 1960, c.50, s.3; 1963 (2nd Sess.), c.28, s.8; 1985, c.60, s.6
Duty of motor carrier to expose ownership
11The Board may require a licensed motor carrier to make full and true disclosure of the ownership and control of the business of the licensee, of subsidiary and affiliate companies, and of his interest in the business of any other licensed motor carrier.
1960, c.50, s.4
Licence of operator
12Except as provided by this Act or by an agreement entered into under section 12.1, no person shall operate a public motor bus within the Province without holding a licence from the Board authorizing such operations and then only as specified in such licence and subject to this Act and the regulations.
1957, c.12, s.11; 1980, c.33, s.2; 1994, c.86, s.13
Reciprocal agreements
12.1(1)The Minister may enter into with any other province of Canada or any state of the United States of America a reciprocal agreement with respect to the carriage of any designated class of passenger to provide for
(a) the operation within the Province of any public motor bus without a licence under this Act, by a motor carrier licensed in another province or state to carry such class of passenger and the conditions under which it may be operated; and
(b) the operation within the other province or state, under similar terms and conditions, of a public motor bus by a motor carrier licensed under this Act,
and any motor carrier operating within the Province under the authority of such an agreement shall be deemed to be operating as if licensed under this Act.
12.1(2)The Lieutenant-Governor in Council may confirm any agreement of the kind referred in subsection (1) that was entered into prior to the coming into force of subsection (1), and such agreement when confirmed shall be deemed to be an agreement made under subsection (1).
1980, c.33, s.3; 1994, c.86, s.14
Licence must be in operator’s possession or readily accessible
12.2Except as otherwise provided under this Act, no person shall operate a public motor bus unless he has a copy of the motor carrier licence authorizing the operation of that vehicle in his immediate possession or in a readily accessible place in that vehicle.
1981, c.47, s.5; 1994, c.86, s.15
Stop and search vehicle, seizure of vehicle and contents
12.3(1)Notwithstanding section 13, a peace officer may at any time require any person operating a motor vehicle that the peace officer believes on reasonable grounds is a public motor bus to stop and may search the vehicle to determine whether
(a) this Act and the regulations are being complied with; and
(b) the motor carrier licence, where one has been issued, is being complied with.
12.3(2)A person who is operating a motor vehicle shall, when so required by a peace officer under subsection (1),
(a) stop the vehicle for as long as the peace officer directs in order to enable the peace officer to carry out a search of the vehicle;
(b) furnish such information respecting the vehicle and contents as the peace officer requires; and
(c) produce the motor carrier licence, where one has been issued, authorizing the operation of the vehicle.
12.3(3)After having ordered the person operating a motor vehicle to stop, and
(a) after having determined that that vehicle cannot readily be searched in order to determine whether the operation of the vehicle complies with the motor carrier licence under which the vehicle is being operated or complies with this Act and the regulations, or
(b) where the person operating the vehicle has not complied with the requests made by the peace officer in accordance with subsection (2),
a peace officer may
(c) detain the motor vehicle and its contents, until such time as a search of the vehicle can be conducted or the information which is requested is furnished, and
(d) order the person who is operating the vehicle or any other person who has caused the vehicle to be operated in the Province to take such action as the officer directs to enable him to search the vehicle.
12.3(4)Where a peace officer is of the opinion, upon reasonable grounds, that the operation of a motor vehicle is in violation of this Act or the regulations, the peace officer may seize the motor vehicle and its contents.
12.3(5)Repealed: 1994, c.86, s.16
1981, c.47, s.5; 1994, c.86, s.16
Exemptions from Act
13(1)This Act does not apply to any motor vehicle
(a) Repealed: 1994, c.86, s.17
(b) Repealed: 1994, c.86, s.17
(c) Repealed: 1994, c.86, s.17
(d) Repealed: 1994, c.86, s.17
(e) while used as a taxicab,
(f) Repealed: 1994, c.86, s.17
(g) while engaged in carrying passengers on trips to or from any train, ship, boat or airplane, where the one-way distance of any such trip does not exceed twenty-five kilometres,
(h) while engaged in the transportation of school children where such transportation is paid for by the Province and the operation of the vehicle is in compliance with the Education Act and the regulations thereunder, or
(h.1) that is a public motor bus being used to carry passengers and their baggage on a chartered trip from another jurisdiction over highways and to points in the Province under a charter contract made in another jurisdiction, if
(i) the point of departure and the point of final destination of the trip are in other jurisdictions, and
(ii) no passenger is picked up or dropped off within the Province.
(i) Repealed: 1994, c.86, s.17
13(1.1)This Act does not apply to a motor vehicle used for van pool purposes which has a seating capacity of less than ten persons, including the driver.
13(1.2)This Act does not apply to a motor vehicle used for van pool purposes which has a seating capacity of ten or more persons, including the driver, if
(a) the motor vehicle is covered by insurance as prescribed by regulation, and
(b) proof of such coverage is in the immediate possession of the driver of the motor vehicle or in a readily accessible place in the vehicle.
13(2)The Board may establish any local government or an area contiguous to any local government, but not extending more than 55 kilometres from the boundary of the local government, as an exempt area on the terms and conditions that the Board in its discretion deems necessary.
13(3)The Board may at any time rescind the order establishing an area under subsection (2).
13(4)The Board may order that the provisions of this Act shall not apply to a motor vehicle used, or being used, as a public motor bus for a specified purpose not enumerated in subsection (1), or may prescribe terms and conditions under which the provisions of this Act shall not apply to a motor carrier.
R.S., c.148, s.11; 1957, c.12, s.12; 1959, c.30, s.14, 15; 1963 (2nd Sess.), c.28, s.9, 10; 1965, c.28, s.2; 1966, c.80, s.1; 1971, c.46, s.1; 1977, c.M-11.1, s.16; 1981, c.47, s.6; 1985, c.60, s.7; 1991, c.27, s.27; 1994, c.86, s.17; 1997, c.42, s.4; 1998, c.20, s.5; 2005, c.7, s.42; 2017, c.20, s.101
Local government by-laws, inter-urban areas
14(1)With the approval of the Lieutenant-Governor in Council, the council of a local government may make by-laws
(a) for the registration of public motor buses operating within their respective limits,
(b) for the control of traffic and the use of their roads and streets by such public motor buses,
(c) for the licensing of proprietors or owners of public motor buses to operate same within the limits of the local government,
(d) prescribing the fees payable on such registration and licensing; fixing routes, fares and details of services, and requiring the giving of bonds or other security by the proprietors or owners of such public motor buses for the payment of any loss occasioned to persons or property by their operation,
(e) granting exclusive privileges over any agreed routes, or routes to be agreed upon, or for any agreed service, to any proprietor or owner of any such public motor bus upon the payment of such additional fees or assessments for such exclusive privileges, and generally on such terms and conditions as may be agreed upon, and
(f) providing for the imposition of penalties not exceeding fifty dollars for the violation of any such by-law or regulation.
14(2)In the case of an inter-urban area, the inter-urban council may, with the approval of the Lieutenant-Governor in Council, grant such licences and exclusive privileges over the inter-urban area and generally exercise the powers and jurisdiction conferred by subsection (1).
14(3)Nothing contained in subsection (1) or (2), or subsection 13(2) authorizes or permits any council to interfere with any licensed motor carrier in any operations reasonably pertaining or incidental to the exercise of a licence granted to it by the Board.
14(4)Notwithstanding anything contained in this Act, the Lieutenant-Governor in Council may order that subsection (2) shall not apply to any inter-urban area whereupon the operation of public motor buses operating within such inter-urban area shall be as fully under the supervision and control of the Board as if subsections (1) and (2) had not been passed.
1957, c.12, s.13; 1963 (2nd Sess.), c.28, s.11; 1966, c.80, s.2; 1994, c.86, s.18; 1998, c.20, s.6; 2017, c.20, s.101
Parking spaces for motor carriers
15It is the duty of the council of every local government to designate reasonable locations on the public streets for the accommodation of motor vehicles operated by a licensed motor carrier for taking on or letting down passengers and to designate suitable and convenient parking places and any dispute relating to such a matter may be settled by the Board whose order shall be final and binding on all parties.
1957, c.12, s.14; 1966, c.80, s.3; 1987, c.6, s.64; 1998, c.20, s.7; 2017, c.20, s.101
Repealed
15.1Repealed: 2017, c.20, s.101
2005, c.7, s.42; 2017, c.20, s.101
Repealed
16Repealed: 1980, c.33, s.4
1957, c.12, s.15; 1980, c.33, s.4
Regulations of Board
17(1)The Board may, with the approval of the Lieutenant-Governor in Council, make regulations
(a) prescribing forms for the purposes of this Act;
(b) requiring the filing of returns, reports and other data;
(c) prescribing forms of accounts and records to be kept by motor carriers, and providing for access by the Board to such records;
(d) establishing classifications or groups of motor carriers;
(d.1) prescribing, in relation to offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;
(e) prescribing the term or duration of a licence;
(f) prescribing such fees as it sees fit for the issue of licences to the different classes or groups of motor carriers;
(g) respecting the schedules and service, rates, fares and charges of a licensed motor carrier;
(h) respecting the qualification of drivers;
(i) respecting the safety and convenience of the public;
(i.1) prescribing the type and amount of insurance required for the purposes of subsections 6(1) and 13(1.2);
(i.2) respecting proof of insurance for the purposes of subsections 6(1) and 13(1.2);
(j) respecting public motor bus terminals and waiting rooms;
(k) respecting the checking of passengers’ baggage and limitations on the size, weight and value thereof;
(l) respecting motor carriers and public motor buses generally in so far as the Board deems such regulations necessary or expedient for carrying out the purposes of this Act;
(m) prescribing the practice and procedure with respect to all matters within its jurisdiction;
(n) with respect to any matter as may be necessary or, in the opinion of the Board, advisable for the more effective exercise of its powers and duties and the more effective administration of the Act and regulations.
17(2)Repealed: 1983, c.8, s.22
17(3)A regulation may apply to all cases, or to any case or class of cases, or to any particular district, or to any person or service.
1957, c.12, s.16; 1960, c.50, s.5; 1960-61, c.56, s.7; 1981, c.47, s.7; 1983, c.8, s.22; 1990, c.61, s.83; 1994, c.86, s.19
Regulations to establish policies and rules of Board
17.1(1)The Lieutenant-Governor in Council may by regulation establish policies and rules to be observed by the Board in the exercise of any jurisdiction or authority conferred upon it under this Act.
17.1(2)Subsection (1) shall be deemed not to authorize any regulation directed specifically to any application, matter or decision pending before the Board.
1981, c.47, s.8
Effective date of order or decision of Board
18The orders and decisions of the Board shall be reduced to writing and except where the Board expressly provides, shall become effective, as respects any motor carrier affected thereby, only after five days from the mailing by the Chairperson to such motor carrier of a written notice thereof.
1957, c.12, s.17; 1960-61, c.56, s.8; 1994, c.86, s.20; 2013, c.29, s.14
Appeal
19An appeal lies to the Court of Appeal from any order, ruling or decision of the Board involving any question as to its jurisdiction or any question of law.
1965, c.28, s.3
Offences and penalties
20(1)Subject to subsection (1.1), a person, motor carrier, officer and agent or employee of a motor carrier who violates or fails to comply with any provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
20(1.1)A person, motor carrier, officer and agent or employee of a motor carrier who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 17(d.1) commits an offence of the category prescribed by regulation.
20(1.2)A person, motor carrier, officer and agent or employee of a motor carrier who violates or fails to comply with subsection 6(3) or 10(2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
20(1.3)A person, motor carrier, officer and agent or employee of a motor carrier who
(a) violates or fails to comply with section 8, subsection 10(1), section 12 or 12.2 or subsection 12.3(2), or
(b) fails to obey, observe or comply with any order, decision, rule, direction, demand or requirement of the Board, the Minister or any peace officer,
commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
20(1.4)A judge who imposes a fine for an offence under paragraph 20(1.3)(a) in relation to a violation or failure to comply with subsection 10(1) or section 12, or in relation to an offence under paragraph 20(1.3)(b), shall impose an additional fine of seven hundred dollars.
20(1.5)Without limiting subsection (1.4), the additional fine referred to in that subsection is an additional fine for the purposes of paragraph 14(5)(b) of the Provincial Offences Procedure Act.
20(2)Where by this Act or the regulations it is made an offence to do any act without holding a licence under this Act, the onus in any prosecution is upon the person charged to prove that he was the holder of a licence or was operating in accordance with an agreement entered into under section 12.1.
20(3)All fees and penalties collected under this Act shall be paid to the Minister for the use of the Province.
1957, c.12, s.18; 1960-61, c.56, s.9; O.C. 64-312; 1978, c.D-11.2, s.25; 1980, c.33, s.5; 1981, c.47, s.9; 1990, c.61, s.83; 1994, c.86, s.21; 2001, c.21, s.1
Repealed
21Repealed: 1990, c.22, s.32
1957, c.12, s.19; 1972, c.46, s.2; 1990, c.22, s.32
Licensed motor carrier deemed public utility
22Every licensed motor carrier shall be deemed a public utility under Part 3 of the Energy and Utilities Board Act.
1957, c.12, s.20; 2006, c.E-9.18, s.99
Application of the Motor Vehicle Act
23The provisions of this Act shall be deemed to be in addition to the provisions of the Motor Vehicle Act.
1957, c.12, s.21
N.B. This Act is consolidated to June 16, 2023.