Regulatory Alerts2016-10-27
Notice Relating to the Pilot Project for Remunerated Passenger Transportation Services Requested Exclusively via Mobile Application
The Financial Markets Authority issued a ministerial order establishing a pilot project authorizing Uber Canada Inc. to exclusively provide mobile application-based advertising and dispatch services for remunerated passenger transportation in Quebec from October 15, 2016, to October 14, 2017. The project mandates that Uber Canada Inc. maintain a specific liability insurance policy covering material damage caused by driver-partners' vehicles during active service periods, while requiring those drivers to notify their personal insurers and maintain separate liability coverage for off-duty hours. This framework ensures Quebec's automobile insurance market realities are reflected through tailored policy conditions and clear risk allocation between Uber's centralized coverage and individual driver policies.
00 Notice Relating to the Pilot Project Concerning Remunerated Passenger Transportation Services Requested Exclusively via Mobile Application
On September 30, 2016, the Minister of Transport, Sustainable Mobility and Electrification of Transportation published a ministerial order1 authorizing the implementation of the Pilot Project concerning remunerated passenger transportation services requested exclusively via mobile application (the "Pilot Project"). This Pilot Project came into force on October 15, 2016 and will end on October 14, 2017.
The Pilot Project authorizes the holder of a taxi transportation intermediary license designated in its Appendix I, namely Uber Canada Inc., to provide exclusively via mobile application advertising and dispatch services for remunerated passenger automobile transportation. Article 8 of the Pilot Project specifies that this holder must hold a liability insurance policy pursuant to section 84 of the Automobile Insurance Act2 guaranteeing compensation for material damage caused by automobiles used by driver-partners when they provide a remunerated passenger transportation service, which must comply with any other conditions or restrictions imposed by the Financial Markets Authority (the "Authority"). The remunerated passenger transportation activity begins as soon as the driver-partner connects to Uber Canada Inc.'s mobile application and ends when they disconnect (the "remunerated passenger transportation period").
Thus, driver-partners are insured under Uber Canada Inc.'s insurance policy for the remunerated passenger transportation period, without any additional steps. However, for all claims occurring outside this period, the driver-partner must contact their personal insurer, as only their personal insurance policy will apply.
The conditions imposed by the Authority and applicable to Uber Canada Inc.'s automobile insurance policy aim to reflect Quebec's reality within the automobile insurance market in the coverage provided. These conditions are detailed in a specific amendment to the Pilot Project that forms an integral part of Uber Canada Inc.'s insurance policy.
Restriction Regarding the Subscription of the Insurance Policy This insurance policy is directly linked to the application and continued validity of the Pilot Project. Consequently, it may only be subscribed by the holder specified in the Pilot Project, namely Uber Canada Inc., and cannot cover any remunerated passenger transportation services provided by any other holder of a taxi transportation intermediary license or by any other digital platform or mobile application targeting remunerated passenger transportation services.
Important Reminder for Driver-Partners The Authority wishes to remind all driver-partners and vehicle owners used to provide a remunerated passenger transportation service of the importance of informing their personal insurer about this activity, even though the coverage under Uber Canada Inc.'s insurance policy applies during the remunerated passenger transportation periods.
1 Order No. 2016-16 concerning the Pilot Project for remunerated passenger transportation services requested exclusively via mobile application, (2016) 148 G.O. II No. 39A, 5247A. 2 RLRQ, c. A-25.
00 Furthermore, the subscription of the insurance policy by Uber Canada Inc. does not relieve each driver-partner of their obligation to hold a liability insurance policy pursuant to section 84 of the Automobile Insurance Act outside the remunerated passenger transportation periods. This policy does not, however, need to cover risks related to remunerated passenger transportation.
Additional Information Additional information may be obtained from the Authority's Information Centre at the following contact details: Quebec: 418.525.0337 Montreal: 514.395.0337 Toll-free number: 1.877.395.0337 www.lautorite.qc.ca October 27, 2016