Definitions for Part 13

304   In this Part:

"area-specific pilot project" means a pilot project that, subject to section 306 and the regulation that establishes the pilot project, is authorized to take place within the areas or on the highways specified in the regulation;

"government website" means a publicly accessible website maintained by or on behalf of the government;

"hybrid pilot project" means a pilot project that, subject to the regulation that establishes the pilot project,

(a) is authorized to take place, as an area-specific pilot project, within the areas or on the highways specified in the regulation, and

(b) may also take place, as an opt-in pilot project, in areas or on highways within a municipality, Nisg̱a'a Lands or treaty lands;

"opt-in pilot project" means a pilot project that, subject to the regulation that establishes the pilot project, may take place in areas or on highways

(a) within a municipality, at the option of the municipality, if the municipality has authority to make bylaws in respect of the subject matter of the pilot project and the requirements under section 307 are met,

(b) within Nisg̱a'a Lands, at the option of the Nisg̱a'a Government, if the Nisg̱a'a Government has authority to make laws in respect of the subject matter of the pilot project and the requirements under section 306 (1) are met, or

(c) within the treaty lands of a treaty first nation, at the option of the treaty first nation, if the treaty first nation has authority to make laws in respect of the subject matter of the pilot project and the requirements under section 306 (2) are met;

"pilot project" means a pilot project referred to in section 305;

"province-wide pilot project" means a pilot project that, subject to section 306 and the regulation that establishes the pilot project, is authorized to take place within any area or on any highway of the Province.

Regulations establishing pilot projects

305   (1) The Lieutenant Governor in Council may, by regulation, establish pilot projects for the purposes of researching, testing or evaluating any matter relating to this Act.

(2) A regulation that establishes a pilot project must indicate whether the pilot project is an area-specific pilot project, a hybrid pilot project, an opt-in pilot project or a province-wide pilot project.

Pilot projects within Nisg̱a'a Lands or treaty lands

306   (1) If the Nisg̱a'a Government has authority to make laws in respect of the subject matter of a pilot project, the pilot project may not take place in areas or on highways within Nisg̱a'a Lands unless the following requirements are met:

(a) the Nisg̱a'a Government consents to the pilot project taking place in areas or on highways within Nisg̱a'a Lands;

(b) the minister, after receiving the Nisg̱a'a Government's consent, publishes a notice on a government website indicating that the pilot project is authorized to take place in areas or on highways within Nisg̱a'a Lands, starting on or after the date specified in the notice.

(2) If a treaty first nation has authority to make laws in respect of the subject matter of a pilot project, the pilot project may not take place in areas or on highways within the treaty lands unless the following requirements are met:

(a) the treaty first nation consents to the pilot project taking place in areas or on highways within the treaty lands;

(b) the minister, after receiving the treaty first nation's consent, publishes a notice on a government website indicating that the pilot project is authorized to take place in areas or on highways within the treaty lands, starting on or after the date specified in the notice.

Opt-in pilot projects in municipalities

307   An opt-in pilot project may take place in areas or on highways within a municipality that has authority to make bylaws in respect of the subject matter of the opt-in pilot project if the following requirements are met:

(a) the council of the municipality consents to the pilot project taking place in areas or on highways within the municipality;

(b) the minister, after receiving the municipal council's consent, publishes a notice on a government website indicating that the pilot project is authorized to take place in areas or on highways within the municipality, starting on or after the date specified in the notice.

Conflict rules for pilot projects within municipalities

308   A regulation that establishes a pilot project may include provisions that specify one or more of the following:

(a) that the regulation, or specified provisions of the regulation, prevail to the extent of any conflict or inconsistency with a bylaw or resolution of the council of a municipality;

(b) that the council of a municipality must not, under any of the following provisions, regulate in relation to the subject matter, or specified aspects of the subject matter, of the pilot project:

(i) section 124 or 124.2;

(ii) a specified provision of the Community Charter, the Local Government Act or the Vancouver Charter;

(c) that the bylaws or resolutions, or specified provisions of the bylaws or resolutions, of the council of a municipality are inoperative and of no force and effect to the extent that they

(i) conflict or are inconsistent with the regulation or specified provisions of the regulation, or

(ii) regulate in relation to the subject matter, or specified aspects of the subject matter, of the pilot project.

Regulations respecting pilot projects

309   (1) The Lieutenant Governor in Council may make regulations respecting pilot projects, including, without limitation, establishing prohibitions, limits, powers, duties, requirements, conditions or criteria respecting any of the following:

(a) the use, driving or operation of the vehicles, cycles or other devices to which the pilot project relates, including in relation to any of the following:

(i) users, drivers, operators or passengers of the vehicles, cycles or other devices;

(ii) persons who own, rent or lease the vehicles, cycles or other devices;

(iii) pedestrians;

(iv) safety helmets or other safety measures;

(v) education and training;

(b) registration, licensing, permitting, insurance or financial security, including, without limitation, requiring insurance or financial security from manufacturers;

(c) public review and comment in relation to the pilot project;

(d) monitoring, evaluation, reporting and enforcement in relation to the pilot project;

(e) the collection, use, disclosure or retention of information, including personal information, relating to the pilot project.

(2) In making a regulation under this Part, the Lieutenant Governor in Council may do any of the following:

(a) delegate a matter to, or confer a discretion on,

(i) the minister, superintendent or director, or

(ii) the Insurance Corporation of British Columbia;

(b) in relation to opt-in pilot projects, including the opt-in component of a hybrid pilot project,

(i) limit the areas or highways within or on which the pilot project may take place,

(ii) establish time limits for participating in the pilot project, and

(iii) impose restrictions on the bylaws or resolutions that a municipality may make in relation to the pilot project;

(c) require or authorize persons to do things that would otherwise be prohibited, unauthorized or not required under this Act or the Commercial Transport Act;

(d) authorize persons to do things that would otherwise be required under this Act or the Commercial Transport Act;

(e) prohibit persons from doing things that would otherwise be required or authorized under this Act or the Commercial Transport Act;

(f) exempt from the application of this Act or the Commercial Transport Act, or a regulation under this Act or the Commercial Transport Act, in whole or in part, or otherwise in accordance with its terms,

(i) persons or organizations or classes of persons or organizations,

(ii) vehicles, cycles or other devices or classes of vehicles, cycles or other devices, or

(iii) places, circumstances, matters or things or classes of places, circumstances, matters or things;

(g) exercise any regulation-making power of the Lieutenant Governor in Council or minister under this Act or the Commercial Transport Act.

(3) The authority to make regulations under this Part does not limit, and is not limited by, the authority to make regulations under other provisions of this Act.

Violation tickets respecting contraventions of pilot project regulations

310   (1) In this section:

"ticketed amount" has the same meaning as in the Offence Act;

"violation ticket" has the same meaning as in the Offence Act.

(2) In relation to violation tickets for a contravention of a provision of a regulation made under this Part, the Lieutenant Governor in Council may, under the Offence Act, prescribe fine amounts that vary in relation to the way in which or degree to which a person contravenes the provision.

(3) If a violation ticket is issued to a person for an alleged contravention of a provision of a regulation made under this Part and the evidence proves that the person contravened the provision, but in a way or to a degree that differs from that reflected by the ticketed amount,

(a) the person may be convicted of the offence, and

(b) the fine amount may be varied to reflect the different way in which or degree to which the person contravened the provision.

Section 124 (5) of Act

311   The powers of the Lieutenant Governor in Council under this Part may not be exercised by the council of a municipality under section 124 (5) of this Act.

Regulation under Part 13 prevails over Act and Commercial Transport Act

312   A regulation under this Part prevails to the extent of any conflict or inconsistency with the following:

(a) this Act or regulations made under other Parts of this Act;

(b) the Commercial Transport Act or regulations made under that Act.

Repeal of pilot project regulation

313   (1) Unless repealed earlier, a regulation made under this Part is repealed 4 years after the date the regulation comes into force.

(2) After the repeal of a regulation that establishes an area-specific pilot project, hybrid pilot project or opt-in pilot project, the Lieutenant Governor in Council may make one additional regulation to establish a pilot project that relates to the same subject matter as the pilot project established by the repealed regulation, but only if the new regulation authorizes the pilot project to take place

(a) within areas or on highways that are different from the areas or highways where the pilot project took place under the repealed regulation, or

(b) as a province-wide pilot project.