Statutes of Newfoundland and Labrador 2023 Chapter 24

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

HIGHWAY TRAFFIC ACT

RSNL1990 cH-3
as amended

1. (1) Section 2 of the Highway Traffic Act is amended by adding immediately after paragraph 2(ggg) the following:

(ggg.1) "ride-sharing service" means a service provided by a driver affiliated with a transportation network company for the pre-arranged transportation of passengers for compensation through the use of a transportation network but does not include a taxi service;

(2) Paragraph 2(qqq) of the Act is amended by deleting the word "and" at the end of subparagraph (i) and adding immediately after that subparagraph the following:

(i.1) a motor vehicle used for a ride-sharing service, and

(3) Section 2 of the Act is amended by adding immediately after paragraph (zzz) the following:

(zzz.1) "transportation network" means an online enabled application, a digital platform, a software program, a website or other system or technology platform offered, used or facilitated by a transportation network company to enable a person to obtain a ride-sharing service;

(zzz.2) "transportation network company" means a person that offers or facilitates a transportation network;

2. The Act is amended by adding immediately after section 24 the following:

Application for licence

24.1 (1) An application for a licence to carry on business as a transportation network company shall be made to the registrar in writing and in the form and manner set by the registrar.

(2) The registrar may issue a licence to carry on business as a transportation network company to a person who

(a) submits an application in the form and manner set by the registrar;

(b) pays the fee set by the minister; and

(3) Notwithstanding subsection (2), where the person applying for a licence to carry on business as a transportation network company is a corporation, the registrar may issue a licence to the corporation where the corporation

(a) submits an application in the form and manner set by the registrar;

(b) pays the fee set by the minister;

(d) provides the documents and other information prescribed in the regulations.

(4) Notwithstanding subsections (2) and (3), the minister may, by regulation, prohibit transportation network companies from carrying on business in a municipality where the municipality

(a) passes a resolution respecting the prohibition of transportation network companies carrying on business in the municipality; and

(b) submits to the minister a request, in writing, that the minister prohibit transportation network companies from carrying on business in the municipality.

Licence

24.2 (1) A licence issued under section 24.1

(a) is subject to the terms and conditions imposed by the registrar, this Act and the regulations;

(b) is not transferrable; and

(c) remains in effect, subject to the submitting of the documents and information prescribed in subsection (2) and the payment of an annual fee set by the minister, until suspended or cancelled by the registrar.

(2) Each year before the anniversary date of the issuance of a licence to a transportation network company, the transportation network company shall

(a) pay the fee set by the minister; and

(b) provide the following to the registrar:

(i) a current Certificate of Good Standing from the Registry of Companies, where the transportation network company is a corporation, and

(ii) the documents or other information prescribed in the regulations.

Duties of transportation network company

24.3 A transportation network company licensed under section 24.1 shall

(a) prepare, maintain and keep records in accordance with the regulations; and

(b) comply with this Act, the regulations and any terms, conditions and requirements that may be prescribed by the registrar.

Prohibition

24.4 (1) A person shall not carry on business as a transportation network company unless the person is licensed under this Act.

(2) A transportation network company shall not carry on business in a name other than the name in which the licence is issued.

(3) A transportation network company shall not carry on business in a municipality prescribed in the regulations.

Suspension or cancellation of licence

24.5 (1) The registrar may suspend or cancel a licence where the registrar is satisfied that the person to whom the licence was issued

(a) violated a term or condition of the licence;

(b) made a material misrepresentation in the application for a licence or in the documents or information submitted to the registrar under section 24.1 or 24.2;

(d) contravened the regulations made under paragraphs 186(1)(f.9) to (f.11) and section 197.1.

(2) Where the registrar suspends or cancels a licence, the registrar shall give written notice of the suspension or cancellation to the person to whom the licence was issued.

3. Paragraph 60.1(1)(c) of the Act is amended by deleting the words "or taxi" wherever they appear and substituting a comma and the words "taxi or motor vehicle used for a ride-sharing service".

4. Subsection 60.2(9) of the Act is amended by deleting the words "or taxi" wherever they appear and substituting a comma and the words "taxi or motor vehicle used for a ride-sharing service".

5. (1) Subsection 60.3(1) of the Act is repealed and the following substituted:

Periods of suspension – commercial vehicle, taxi or motor vehicle used for a ride-sharing service

60.3 (1) Upon a request being made under paragraph 60.1(1)(a), the driver's licence or driving privileges of the driver or person who has care or control of a commercial motor vehicle, taxi or motor vehicle used for a ride-sharing service are suspended for a period of

(a) 7 days from the time the request is made; and

(b) 90 days beginning on the fourteenth day after the expiry of the 7 day suspension,

where the driver or person who has care or control fails or refuses to comply with a demand made under section 320.27 or 320.28 of the Criminal Code.

(2) Subsections 60.3(2) to (9) of the Act are amended by deleting the words "or taxi" wherever they appear and substituting a comma and the words "taxi or motor vehicle used for a ride-sharing service".

6. Section 60.6 of the Act is amended by deleting the words "or taxi" wherever they appear and substituting a comma and the words "taxi or motor vehicle used for a ride-sharing service".

7. Paragraph 77(a) of the Act is repealed and the following substituted:

(a) the coverage of ambulances, buses, school buses, taxis, motor vehicles used for a ride-sharing service and commercial motor vehicles by insurance;

8. Subsection 186(1) of the Act is amended by adding immediately after paragraph (f.8) the following:

(f.9) prescribing the information and documentation to be provided with an application for a licence to carry on business as a transportation network company;

(f.10) respecting terms and conditions of licences issued to a transportation network company;

(f.11) respecting records to be kept by a transportation network company;

(f.12) regulating the operation of motor vehicles used for a ride-sharing service, a class of motor vehicles used for a ride-sharing service or certain motor vehicles used for a ride-sharing service and in particular regulating or prescribing

(i) the conduct of passengers in motor vehicles used for a ride-sharing service and the drivers of them,

(ii) the documents, plates, markers and marks to be carried and the manner in which they are to be carried and displayed,

(iii) the taking up and setting down of passengers,

(iv) the carriage of luggage and goods in motor vehicles used for a ride-sharing service, and

(v) the equipment to be carried in motor vehicles used for a ride-sharing service;

9. The Act is amended by adding immediately after section 197 the following:

Regulations re: transportation network companies in municipalities

197.1 The minister may make regulations prescribing municipalities in which transportation network companies are not permitted to carry on business.

CITY OF CORNER BROOK ACT

RSNL1990 cC-15 as amended

10. (1) Subsection 229(2) of the City of Corner Brook Act is repealed and the following substituted:

(2) For the purpose of subsection (1), the word "taxis" includes other vehicles carrying passengers for fare but does not include vehicles used for a ride-sharing service.

(2) Section 229 of the Act is amended by adding immediately after subsection (2) the following:

(3) For the purposes of this section, "ride-sharing service" means "ride-sharing service" as defined in the Highway Traffic Act.

CITY OF MOUNT PEARL ACT

RSNL1990 cC-16
as amended

11. (1) Subsection 229(2) of the City of Mount Pearl Act is repealed and the following substituted:

(2) For the purpose of subsection (1), the word "taxis" includes other vehicles carrying passengers for fare but does not include vehicles used for a ride-sharing service.

(2) Section 229 of the Act is amended by adding immediately after subsection (2) the following:

(3) For the purposes of this section, "ride-sharing service" means "ride-sharing service" as defined in the Highway Traffic Act.

CITY OF ST. JOHN'S ACT

RSNL1990 cC-17 as amended

12. Section 167 of the City of St. John's Act is amended by renumbering it as subsection 167(1) and adding immediately after subsection (1) the following:

(2) Subsection (1) does not apply to vehicles used for a ride-sharing service.

(3) For the purposes of this section and section 168, "ride-sharing service" means "ride-sharing service" as defined in the Highway Traffic Act.

13. Subsection 168(3) of the Act is repealed and the following substituted:

(3) Licensed cab-drivers in this section shall include the drivers of motor vehicles for hire but shall not include drivers of motor vehicles used for a ride-sharing service.

MUNICIPALITIES ACT, 1999

SNL1999 cM-24
as amended

14. (1) Paragraph 414(1)(ss) of the Municipalities Act, 1999 is repealed and the following substituted:

(ss) respecting taxis including

(i) fixing the number of taxis in the municipality,

(ii) requiring the operators of taxis to have a licence to operate in the municipality and fixing a fee for those licences,

(iii) fixing fares for users of taxis,

(iv) requiring the inspection of taxis on an annual or other basis that the council may establish in the regulations,

(v) establishing standards for taxis, and

(vi) authorizing and assigning stands for taxis and the erection and maintenance of those stands,

and, for the purpose of regulations made under this paragraph, the word "taxi" includes any vehicle which carries a passenger for a fare, fee or other remuneration but does not include a vehicle used for a ride-sharing service;

(2) Section 414 of the Act is amended by adding immediately after subsection (7) the following:

(8) For the purposes of paragraph (1)(ss), "ride-sharing service" means "ride-sharing service" as defined in the Highway Traffic Act.

Commencement

15. This Act, or a section, subsection or paragraph of it comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.