Motor Vehicle Transport Act

Marginal note:Issue of licence

• 8 (1) Subject to this section and to any regulations made pursuant to section 9, the provincial transport board in each province may issue a licence to a person to operate an extra-provincial truck undertaking in the province on the like terms and conditions and in the like manner as if the extra-provincial truck undertaking were a local truck undertaking.

• Marginal note:Idem

  (2) The provincial transport board in a province shall, in exercising its powers under subsection (1), issue a licence to operate an extra-provincial truck undertaking in that province to an applicant therefor who submits to the board prescribed evidence that the applicant meets the prescribed criteria relating to the fitness of the applicant to hold such a licence.

• Marginal note:Public hearings

  (3) Notwithstanding subsection (2), where under the law of a province the provincial transport board is authorized to hold a public hearing with respect to an application for a licence to operate a local truck undertaking, the board shall not hold a public hearing with respect to an application for a licence referred to in subsection (2) unless an interested person who objects to the issue of the licence provides the board with evidence that satisfies the board that, in the absence of evidence to the contrary, the operation of the extra-provincial truck undertaking in respect of which the licence is sought would likely be detrimental to the public interest.

• Marginal note:Objection by interested person

  (4) Notwithstanding subsection (2), where under the law of a province an interested person may object to the issue by the provincial transport board of a licence to operate a local truck undertaking, the provincial transport board is not required to issue a licence referred to in subsection (2) if an interested person objects to the issue of the licence and establishes to the satisfaction of the board that the operation of the extra-provincial truck undertaking in respect of which the licence is sought would likely be detrimental to the public interest.

• Marginal note:Implementation

  (5) In applying subsections (3) and (4), a provincial transport board shall

  • (a) give primary emphasis to the interests of users of transportation services, whether those services are provided by the undertaking or not; and

  • (b) have regard to any statement of public transportation policy issued by the Governor in Council after consultation by the Minister with the government of each province affected thereby.

• Marginal note:Limitation

  (6) Subject to subsection 10(3) but notwithstanding any other provision of this Part, after the day on which subsections (3) to (5) and paragraphs 9(1)(a) to (d) cease to have effect,

  • (a) a provincial transport board may not attach any restrictions or conditions to a licence issued under the authority of this Part; and

  • (b) the restrictions and conditions to which any licence issued under the authority of this Part is subject, except the condition referred to in subsection 10(3), shall cease to have effect.