On March 27, in a very small publication of just three (3) articles in the Gazette officielle du Québec, the government came to amend the Regulation respecting bus transportation ("Regulation"). Although the changes are only in a few lines, it is interesting to see some notable changes in the bus permit, or rather, the exemption from the requirement to be a holder.

In general, under section 5 of the Transport Act, the Government has the power to make regulations to determine, among other things, activities that require a permit for the transportation of persons. It may also provide for exceptions to activities that require a permit, including consideration of the types of persons being transported.

The power to make exceptions to activities that require a license has been exercised on several occasions. There are, in fact, at least a dozen exemptions from the requirement to hold a bus transportation permit under the Regulations.

One of these exemptions was, prior to the recent amendments, section 7 of the Regulations. This provision specifically targeted carriers contracted to an establishment to which the Act respecting health services and social services applies. Prior to the amendments, section 7 of the Regulations established that such carriers were exempt from the requirement to be licensed for the transportation services they provide to the beneficiaries covered by this contract if they were already a bus transportation permit otherwise issued by the Commission des transports du Québec ("Commission").

In its recent case law, the Commission summarized its interpretation of the elements to be demonstrated in order to benefit from this exemption from Article 7:
- the carrier is bound by contract with an establishment to which the Act respecting health services and social services applies;
- the transportation services it provides are aimed at the beneficiaries covered by this contract;
- the cost of transportation is assumed under the contract by an institution to which the Act respecting health services and social services applies; and
- the carrier already holds a bus transport permit;

This section 7 has been repealed. The exception is now found in section 3 of the Regulations and reads as follows:

"No permit is required to provide the following transportation services: (...

(2.1) a transport performed under a contract awarded by an institution to which the Act respecting health services and social services applies for the beneficiaries covered by the contract; "
At first glance, it does not appear that the amendment has much scope beyond moving the exemption from one item to another.

Only, it should be noted that the obligation to hold a bus transport license issued by the Commission is no longer applicable!

This means that any carrier now has the freedom to contract with an establishment to which the Act respecting health services and social services applies to offer a transportation service, all without a license and therefore without having done so. examined by the Commission as part of a previous application for a bus transport permit.

It should be recalled that, through this usual examination for the issue of a bus transport permit, the Commission must verify that a carrier meets the more well-known criteria of section 12 of the Regulations, including the possession of knowledge or experience. relevant to the relevant exercise of the activity.

These amendments to the Regulations are understood to include a deregulation in respect of the ownership of a transportation license to provide this service. Nevertheless, section 8 of the Regulations, which requires an exempt person to ensure that his driver has a copy or certificate of the contract in his possession, remains valid and enforceable against those carriers who benefit from the exemption.

The previously discussed amendments have been in force since April 14, 2019.