Regulation-making powers respecting pilot projects

304   (1) Subject to subsection (2), the Lieutenant Governor in Council may make regulations establishing pilot projects to research, test and evaluate matters relating to the Motor Vehicle Act, including, without limitation, the following:

(a) respecting the use and operation of a vehicle or device to transport people or things;

(b) respecting the registration, licensing and insurance requirements of a vehicle or device;

(c) respecting the geographic location of a pilot project;

(d) respecting public review and comment related to a pilot project;

(e) respecting the monitoring and evaluation of a pilot project;

(f) respecting fees in respect of a pilot project;

(g) respecting enforcement.

(2) Before making a regulation under this section, the Lieutenant Governor in Council must be satisfied that the proposed pilot project

(a) is in the public interest,

(b) will be consistent with the objectives set by government, including objectives related to transportation and road safety, and

(c) has municipal council, treaty first nation or Nisg̱a'a Government consent, if required under subsection (3).

(3) For the purposes of subsection (2) (c), the following consent is required:

(a) consent of a municipal council

(i) if the Lieutenant Governor in Council is satisfied that the municipality has authority to make bylaws, in respect of the proposed pilot project, under this Act, the Community Charter or the Vancouver Charter, and

(ii) if the proposed pilot project will take place in the municipality;

(b) consent of a treaty first nation

(i) if the Lieutenant Governor in Council is satisfied that the treaty first nation has authority to make laws, in respect of the proposed pilot project, under the treaty first nation's final agreement, and

(ii) if the proposed pilot project will take place on the treaty first nation's treaty lands;

(c) consent of the Nisg̱a'a Government

(i) if the Lieutenant Governor in Council is satisfied that the Nisg̱a'a Government has authority to make laws, in respect of the proposed pilot project, under the Nisg̱a'a Final Agreement, and

(ii) if the proposed pilot project will take place on Nisg̱a'a Lands.

(4) Without limiting subsection (1), the Lieutenant Governor in Council may exercise, as adapted for a pilot project, all the regulation-making powers of the Lieutenant Governor in Council and the minister in the Motor Vehicle Act.

(5) To the extent of any conflict between this Act and a regulation under this section, the regulation prevails.

Three-year time limit for regulations for pilot projects under this Part

305   A regulation made under this Part is repealed 3 years after the date on which the regulation comes into force.