Obligations

To obtain the right to put into operation or operate a heavy vehicle on roads open to public vehicular traffic, a person must honour the legal obligations that apply to his situation.

Registration with the Registraire des entreprises (NEQ)

An enterprise that does business in Québec must be registered in the Québec enterprise register (Registre des entreprises) in the following cases: 

• every natural person operating a sole proprietorship in Québec under a name which does not include the person's surname and given name. For example, John Smith is doing business under the name of "Public Transport". This name must be registered with the Registraire des entreprises
• every general partnership and limited partnership formed in Québec
• every partnership not formed in Québec if it carries on an activity in Québec (the notion of activity is defined in the Act)
• every legal person established for a private interest and which is constituted in Québec
• every legal person established for a private interest not constituted in Québec (federal, other provinces or countries), but domiciled in Québec, which carries on an activity in Québec, including the operation of an entreprise (the notion of activity is defined in the Act).

For more information concerning the Québec enterprise register, visit the Web site of the Registraire des entreprises.

IFTA permits and stickers and certificate for occasional trips (COT)

Every carrier whose vehicles are subject to the International Fuel Tax Agreement (IFTA) and drive outside the Province of Québec must have an IFTA permit or obtain a certificate for occasional trips (COT) before making the trip.

The vehicles covered by the Agreement are motor vehicles (trucks, buses, etc.) used for interprovincial or international highway transport of merchandise or persons and which have the following characteristics, as the case may be:

• they have two axles and a gross weight or registered gross weight of more than 11,797 kilograms or 26,000 pounds
• they have three or more axles, regardless of weight
• they are used in combination with another vehicle and then have a total weight of more than 11,797 kilograms or 26,000 pounds.

An IFTA permit is obtained in the province carrier’s State or territory of origin.

The COT is issued upon payment of duties to any person who chooses to discharge obligations concerning the fuel tax for each trip, instead of applying for an IFTA permit. It is valid for only one trip and must be kept in the motor vehicle for which it is issued. Moreover, the COT is issued for the number of kilometres to be driven in Québec from the entry point to the exit point.

A carrier wishing to obtain an IFTA permit must apply to Revenu Québec. As for COTs, they can be obtained from either Revenu Québec or the Commission.

For more information concerning IFTA permits and stickers and COTs, visit the Revenu Québec web site.

Registration with the CNESST – Employer number

Every enterprise which has an establishment in Québec and which has at least one worker, whether full-time or not, must register with the CNESST as an employer within 14 days after the beginning of its activities. The beginning of activities generally corresponds to the date the first worker is hired.

This registration is free and the CNESST will contact the enterprise regarding the various conditions of application.

The Commission may take steps for registration of an enterprise with the CNESST.

For more information on registration with the CNESST, visit the CNESST web site.

Fines

Any unpaid fine must be paid if the time limits to appeal it have expired and if no payment agreement has been made.

The fines referred to are the fines levied under the following legislation:

• Act respecting owners, operators and drivers of heavy vehicles
• Transport Act
• Highway Safety Code
• Environment Quality Act
• Fuel Tax Act
• Act respecting transportation services by taxi
• Act respecting the use of petroleum products.

The Commission may collect the amounts owed for the Ministère de la Justice. The amounts owed can also be paid online at the Bureau des infractions et amendes.

Safety rating and disqualification

Neither the registrant nor any of the directors, partners or officers of his business shall have an "unsatisfactory" rating or be declared disqualified by the Commission.

This can be verified by consulting the lists published on the Commission’s Web site.

Indictable offences

Neither the registrant nor any of the directors, partners or officers of his business shall have been found guilty within the past 5 years of an indictable offence related to the use of a heavy vehicle and for which a pardon has not been obtained.

To maintain the right to put into operation or operate a heavy vehicle, a registrant must:

• honour all the obligations stipulated in the Act related to obtaining the right to put into operation or operate a heavy vehicle
• update his registration in the Register
• indictable offences

The registrant must not have been found guilty within the past 3 years of an indictable offence related to the use of a heavy vehicle.

A registrant must update his registration in the register according to the frequency, terms and conditions established by the Commission and pay the required fees. The Commission sends a timely notice for this purpose.

A registrant who operates outside the Province of Québec must keep aboard his vehicle the attestation of his registration in the Register of owners and operators of heavy vehicles.

• When he is not the operator of the heavy vehicle and is the object of an administrative measure prohibiting him from putting into operation all or some of his heavy vehicles or prescribing certain restrictions on their use, notify the operator by giving him a copy of the Commission’s decision
• Ensure that the operator is not the object of a prohibition or restriction
• Ensure that he does not lease a heavy vehicle to a person who is the object of an administrative measure prohibiting him from operating heavy vehicles or a person not registered in the Register, that he does not entrust them with control of a heavy vehicle except, in the latter case, if this person is exempted from the obligation to be registered.

• Keep in each vehicle a copy of the leases or contracts for services when he is not the owner of the heavy vehicle
• Notify the owner of the vehicles he operates when he is the object of an administrative measure which prohibits or restricts his operation of these vehicles
• Ensure that the owner is not the object of a prohibition.

A person on whom a penalty has been imposed by the Commission must:

• Read the decision carefully to clearly understand the penalty imposed
• Comply with the conditions imposed if a "conditional" safety rating has been awarded and furnish the reports and documents required within the prescribed time limits
• If it is impossible to comply with an imposed condition within the time limits, the person must apply to the Commission to amend this condition and explain the grounds for his application. This application must be filed before the imposed time limit is reached.

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