Upcoming Motor Vehicle Act Regulations Changes: Class 4 Licenses

Upcoming changes to provincial motor vehicle regulations that will allow ride-sharing companies such as Uber and Lyft to operate have raised some questions as to whether those changes will impact CSSEA employers.

Many CSSEA employers have employees who drive individuals receiving services as part of their job duties, either in their own vehicles, or in employer-owned vehicles.

CSSEA had previously obtained a legal opinion from the law firm Fasken Martineau stating that these employees were generally not required to obtain a Class 4 license, as long as they were not driving modified vehicles or passenger vans of more than 10 people, and as long as they were not receiving fees or compensation specifically for the transportation.

We asked Fasken Martineau to update their opinion in light of the new regulations and changes to various legislation. They have informed us that the new regulations do not alter their previous opinion, as they do not change the licensing requirements as laid out in the Motor Vehicle Act Regulations. Employees who were not previously required to obtain a Class 4 license to perform their job duties should not be required to obtain a Class 4 license as a result of new legislation.
For more information, please contact your HRLR consultant.