At the General Assembly of the Province of Nova Scotia, begun and holden at Halifax, on Thursday, the twenty-second day of February, A. D., 1923, in the thirteenth year of the reign of Our Sovereign Lord GEORGE THE FIFTH, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India, being the third session of the thirtyseventh General Assembly convened in the Province.

In the time of His Honour, The Honourable MacCallum Grant, LieutenantGovernor; the Honourable Jason M. Mack, President of the Legislative Council; the Honourable Robert Irwin, Speaker of the House of Assembly; the Honourable Daniel A. Cameron, Provincial Secretary, and William A. Dickson, Clerk of the House of Assembly.

CHAPTER 1.

An Act to Regulate Motor Carriers.

(Passed the 23rd day of April, A. D., 1923).

Be it enacted by the Governor, Council, and Assembly, as follows:

1. This Act may be cited as the "Motor Carrier Title. Act."

2. In this Act, unless the context otherwise re- Interpretation. quires:

(a) The expression "Board" means the Board of Commissioners of Public Utilities;

(b) the expression "Secretary" means the Provincial Secretary and includes the Deputy Provincial Secretary;

(c) the expression "Motor Vehicle" means any vehicle propelled by any power other than muscular power, except steam road rollers and such vehicles as run only on rails or tracks;

(d) the expression "Motor Carrier" means any person operating, whether by himself or an other, any motor vehicle with or without trailer attached, upon any public highway for the trans

Powers.

Act applies.

portation of passengers or property, for compensation, between fixed termini or over a regular route, even though there may be periodic or irregular departures from said fixed termini or route;

(e) the expression "Public Highway" means every public street, road or highway or thoroughfare of any kind used by the public, whether actually dedicated to the public or otherwise;

(f) the expression "Certificate" means a certificate of public convenience and necessity.

3. The Board is subject to the provisions of the Motor Vehicle Act, 1918, and the Load of Vehicles Act, hereby vested with power and authority:

(a) to supervise and regulate every motor carrier;

(b) to fix or approve the schedules of rates, tolls, fares or charges to be levied by each motor carrier and the classifications, rules and regulations pertaining thereto;

(c) to regulate and supervise the schedules, service and safety of operations of each motor carrier;

(d) to prescribe a uniform system and classification of accounts and depreciation charges which shall be kept by each motor carrier.

(e) to require the filing by motor carriers of annual and other reports and any other data;

(f) to supervise and regulate every motor carrier in all other matters affecting the relationship between such motor carrier and his patrons.

Public Utilities 4. All control, power and authority over tramways as defined by the Public Utilities Act now vested in the Board shall include motor carriers.

gulations.

5. The Board may from time to time make, Rules and Reamend or repeal rules and regulations for the effectual execution of its duties and of the intention and objects of this Act and for the regulation of the practice and procedure with regard to the matters over which jurisdiction is conferred upon it by this Act.

power to give

6. The Board shall have power and authority Board has by general order or otherwise to give effect to its effect to rules, rules, regulations or decisions respecting motor carriers.

etc.

according to

7. All charges made by any motor carrier for Charges to be any service rendered or to be rendered in the trans- Schedules. portation of passengers or property or in connection therewith shall be in accordance with the schedules fixed and approved by the Board to be charged by such motor carrier, and any charge not made in accordance with such schedule is prohibited and declared to be unlawful.

8. No motor carrier shall operate any motor Motor carriers vehicle without first having applied for and obtained Certificate. from the Board a certificate declaring that public convenience and necessity require such operation.

hibited if Ĉer

9. No motor carrier shall operate any motor Operation provehicle after the certificate issued to him by the tificate cancellBoard has been cancelled, or during any period ed. or suspendof suspension of such certificate by the Board or during any prohibited period under the Load of Vehicles Act, without permission as therein prescribed.

Forms.

10. An application for a certificate shall be by Application petition in writing made in such form and containing such information as the Board may require.

hold public

11. After an application for a certificate has Board may been filed in its office the Board shall proceed to the hearing re ap consideration of the same and may require a public plication. hearing to be held if such hearing is deemed by the Board to be necessary. In the event of a public hearing being required public notice thereof shall be given in such manner and for such length of time in the locality affected by such application as the Board may determine.

Board may grant Certificate.

Board may attach terms and

12. After public hearing or without public hearing, as the case may be, the Board shall issue such certificate as prayed for, or refuse to issue the same or issue such certificate for the partial exercise only of the privilege prayed for.

13. The Board may attach to the exercise of the conditions to rights granted by such certificate such terms and conditions as in the judgment of the Board public convenience and necessity require.

Certificate.

No perpetual 14. No. certificate shall be deemed to confer any rights confer- perpetual or exclusive right.

or exclusive

red.

Sale or transfer of Certificates.

Board may suspend Certi

15. No certificate shall be sold, assigned, leased or transferred except with the approval of the Board.

16. The Board may at any time or from time to ficate for cause. time suspend the operation of any certificate or may amend the same or for cause and after public hearing may revoke and cancel any certificate.

Failure to operate service

pension, etc.

17. A motor carrier shall operate and furnish cause for Sus-service in conformity with the certificate issued to him and in conformity with this Act and all orders, rules, regulations and schedules made by the Board hereunder, and the failure of a motor carrier so to conform shall be good and sufficient cause for the suspension or cancellation or both by the Board of the certificate issued to such motor carrier.

Only Vehicle

18. No motor carrier shall operate a motor vehicle designated may under the certificate issued to him other than a motor vehicle designated in such certificate.

be operated.

Unless exercis

ed within 30

19. Unless exercised within a period of thirty days Certifi- days from the issue thereof, authority conferred by such certificate shall cease and determine and such certificate shall be deemed to be cancelled.

cate ceases.

Procedure

when Motor

draws service.

20. When a motor carrier withdraws from service, Carrier with sells or otherwise disposes of any motor vehicle which up to the time of such withdrawal from service, sale or other disposal was operated under a certificate, he shall report such fact to the Board in writing and shall remove from such motor vehicle the distinctive