5. In addition to the other regulatory powers conferred upon it by this Act, the Government may, by regulation,
(a) establish standards, conditions or modes of construction, use, safe-keeping, upkeep, ownership, possession, rent, hygiene or safety of any means of transport or transport system which it indicates;
Not in force (a.1) determine which of the provisions of a regulation relating to the transportation of schoolchildren made under paragraph a constitute an offence and indicate, for each offence, the minimum and maximum amounts of the fine to which the offender is liable, which shall be from $100 to $300, from $400 to $1,200 or from $800 to $2,400, depending on the seriousness of the offence;
(b) establish and delimit territorial divisions, or authorize the Commission to establish and delimit such divisions in the cases and on the conditions it determines;
(c) determine what activities require a permit for the transport of persons, provide exceptions to the activities requiring a permit as regards types of persons transported, kinds of carriers, and, where such is the case, as regards the place of the main establishment of such carrier, the kinds of services, the means of transport or transport systems used and the territory or distance covered, and prescribe conditions for the carrying on of such an activity or the availing of such an exception and fix the duration of such exception;
(d) determine the nature and classes of permits, establish standards permitting the determination of the minimum and maximum number of permits, and prescribe the conditions on which a permit may be issued and those on which a person may hold a permit and provide for exceptions to those conditions;
(e) prescribe conditions for the maintaining, assignment or transfer of a permit where there is a transfer of ownership or change of control of a means of transport or a transport system, or an acquisition contemplated in section 44;
(f) determine the minimum or maximum term of a permit, prescribe that a permit is not renewable, exempt a permit from the renewal procedure provided in section 37.1, prescribe the conditions on which a permit may be renewed or reinstated and determine the cases where a permit may be renewed by the administrator of the Commission;
(g) fix the requirements applicable to the management and financing of means of transport or transport systems, the equipment of carriers, the exchange of equipment and the establishment or change of lines or routes of carriers;
(g.1) establish the conditions for the issue and renewal of a certificate of competence to drive a bus or minibus used for the transportation of schoolchildren or to drive a vehicle used for the transportation of schoolchildren, prescribe the information to be contained in the certificate of competence and authorize a person to issue or renew it, to determine the content of the training course needed to obtain or renew it, to dispense that course and to determine the fees payable for it;
(h) (paragraph repealed);
(i) specify the information contained in a contract which, despite compulsory filing, is not accessible except in the manner and to the extent provided for in the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1);
(j) grant exemption from payment for a transport service to such persons as it determines;
(k) adopt tariffs of fees and prescribe annual dues or other duties payable to the Commission and determine the deposits that may be required and the conditions of their return or confiscation;
(l) (paragraph repealed);
(m) (paragraph repealed);
(n) determine the requirements applicable to estimates, contracts, bills of lading and shipping documents in the case of a carrier or any person to whom the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3) applies;
(n.1) determine the conditions that an operator of heavy vehicles whose establishments are situated outside Québec must satisfy to be registered in the bulk trucking register;
(n.2) determine the reasons for which the Commission may grant time to enable an operator to remedy a situation that would entail the removal of the operator from the register;
(o) determine the duties, powers, rights and obligations of holders of brokerage permits and of operators registered in the register in relation to brokerage service;
(o.1) prescribe standards of representativeness applicable to holders of brokerage permits;
(o.2) prescribe administrative, financing and management standards applicable to brokerage companies, especially with respect to the compulsory content of their by-laws, the production of budget estimates and audited financial statements and the qualifications required to hold the office of director;
(p) (paragraph repealed);
(q) prescribe the necessary forms for the administration of this Act;
(r) determine, among the provisions of a regulation under this section, those the violation of which constitutes an offence and prescribe for each offence the minimum and maximum amounts to which the offender is liable, namely from $125 to $375, $250 to $750 or $500 to $1,500, according to the seriousness of the offence and, where applicable, whether the offender is an owner or operator of heavy vehicles, a transport service intermediary, a carrier, a driver or a broker;
(s) determine the offences under this Act or a regulation thereunder for which a 72-hour notice may be issued.
1972, c. 55, s. 5; 1974, c. 61, s. 2; 1975, c. 45, s. 3; 1981, c. 8, s. 2; 1981, c. 26, s. 2; 1983, c. 46, s. 109; 1985, c. 35, s. 61; 1986, c. 67, s. 3; 1986, c. 92, s. 1; 1987, c. 97, s. 100; 1988, c. 67, s. 3; 1991, c. 59, s. 2; 1993, c. 24, s. 1; 1995, c. 52, s. 2; 1997, c. 43, s. 791; 1998, c. 8, s. 1; 1998, c. 40, s. 156; 1999, c. 40, s. 322; 1999, c. 82, s. 2; 2005, c. 39, s. 52; 2011, c. 9, s. 1; 2015, c. 16, s. 15.
