Section 1 definition of "qualified individual" in paragraph (d) BEFORE amended by 2003-52-32, effective January 1, 2004 (BC Reg 456/2003, repealing BC Reg 428/2003).
(d) is not an employee of
(i) a municipality, regional district, trust council or greater board, as those terms are defined in the Local Government Act, within the appointment area, or
(ii) the City of Vancouver;
Section 1 definition of "company" BEFORE amended by 2003-71-46, effective March 29, 2004 (BC Reg 64/2004).
"company" has the same meaning as in the Company Act;
Section 1 definition of "ancillary services" paragraph (c) BEFORE repealed by 2010-21-205(a), effective June 25, 2010 (BC Reg 196/2010).
(c) reservations,
Section 1 definitions "BCFS", "competitive service", "deputy commissioner", "drop trailer service", "executive", "public sector employer", "qualified Authority candidate", "qualified BCFS candidate", "remuneration", "reservation fee" were added by 2010-21-205(b), effective June 25, 2010 (BC Reg 196/2010).
Section 1 definition "ferry users" was added by 2012-28-1, effective June 25, 2012 (BC Reg 144/2012).
Section 1 definition of "executive" BEFORE amended by 2019-9-1, effective May 16, 2019 (Royal Assent).
"executive", in relation to BCFS, means an individual who is the chief executive officer or an executive vice president of BCFS or who is, despite his or her title, acting in a similar capacity or performing similar functions to a chief executive officer or an executive vice president of BCFS;
Section 1 definition of "executive" BEFORE amended by 2023-10-57, effective March 30, 2023 (Royal Assent).
"executive", in relation to BCFS, means an individual who is the chief executive officer or an executive vice president or vice president of BCFS or who is, despite his or her title, acting in a similar capacity or performing similar functions to a chief executive officer or an executive vice president or vice president of BCFS;
Section 2 (2) BEFORE amended by 2010-21-206, effective June 25, 2010 (BC Reg 196/2010).
(2) The purposes of the Authority are to do any or all of hold, administer and sell a voting share in British Columbia Ferry Corporation after British Columbia Ferry Corporation is converted into a company.
Section 5 (3) (c) and (d) BEFORE amended by 2010-21-207, effective June 25, 2010 (BC Reg 196/2010).
(c) 2 are to be appointed by the Lieutenant Governor in Council from qualified individuals, and
(d) 2 are to be appointed from qualified individuals.
Section 5 (1) BEFORE amended by 2010-21-207(rem), effective October 1, 2010 (BC Reg 196/2010).
(1) Directors of the Authority, other than its first directors who are in their first term of office with the Authority, must be qualified individuals and must be appointed in accordance with this Division.
Section 5 (3) (b) and (c) BEFORE amended by 2019-9-2(a) and (b), effective May 22, 2019 (BC Reg 110/2019).
(b) one is to be appointed from nominees provided under section 6 (1) (b) or 7 (1) (b) by the trade union representing the employees of British Columbia Ferry Corporation,
(c) 2 are to be appointed by the Lieutenant Governor in Council from qualified Authority candidates, and
Section 5 (3) (d) BEFORE repealed by 2019-9-2(c), effective May 22, 2019 (BC Reg 110/2019).
(d) 2 are to be appointed from qualified Authority candidates.
Section 7 (1) (a) and (b) BEFORE amended by 2010-21-207, effective June 25, 2010 (BC Reg 196/2010).
(a) an appointment area is, at least 3 months before the expiry of the term of each director appointed from its nominees, to provide to the directors of the Authority a list of at least 3 and not more than 5 nominees who are qualified individuals, and
(b) the trade union representing the employees of British Columbia Ferry Corporation is, at least 3 months before the expiry of the term of a director appointed from its nominees, to provide to the directors of the Authority a list of at least 3 and not more than 5 nominees who are qualified individuals.
Section 7 (3), (4) and (5) BEFORE amended by 2010-21-208, effective June 25, 2010 (BC Reg 196/2010).
(3) On or before the expiry of the term of each director appointed under section 5 (3) (c), the Lieutenant Governor in Council is, subject to section 12, to appoint a qualified individual as a replacement director and must promptly notify the directors of the Authority of that appointment.
(4) On or before the expiry of the term of each director appointed under section 5 (3) (d), the directors of the Authority are, subject to section 12, to appoint a qualified individual as a replacement director.
(5) If an appointment area or the trade union representing the employees of British Columbia Ferry Corporation does not comply with subsection (1), the directors of the Authority are, on or before the expiry of the term of the director for whose replacement the list was required under subsection (1) and subject to section 12, to appoint a qualified individual as director, and that director is deemed to be appointed from the nominees of that appointment area or trade union.
Section 8 (2) BEFORE amended by 2023-10-58, effective March 30, 2023 (Royal Assent).
(2) The disclosure required of a director under subsection (1) must be made by the director at the first meeting of the directors held
(a) after he or she becomes a director, or
(b) if he or she is already a director, after he or she becomes in a position of conflict.
Section 9 BEFORE re-enacted by 2003-71-47, effective March 29, 2004 (BC Reg 64/2004).
Application of Company Act
9 (1) Sections 114 (1) and (2), 116 to 119, 124 and 125 of the Company Act apply to the Authority and to its directors.
(2) A director who ceases to be qualified to act as a director of the Authority under section 114 of the Company Act as it applies for the purposes of this section must promptly resign and may be removed by the other directors.
(3) For the purposes of subsection (1), a reference to "articles" in sections 114 (1) and (2), 116 to 119, 124 and 125 of the Company Act, as they apply for the purposes of this section, is deemed to be a reference to the bylaws of the Authority.
Section 9 (1) BEFORE amended by 2010-21-209, effective June 25, 2010 (BC Reg 196/2010).
(1) Sections 124 (1) and (2), 126, 136, 140, 142 and 143 of the Business Corporations Act apply to the Authority and to its directors.
Section 11 (4) BEFORE amended by 2010-21-208, effective June 25, 2010 (BC Reg 196/2010).
(4) If an appointment area or the trade union representing the employees of British Columbia Ferry Corporation does not comply with subsection (2), the directors of the Authority are, subject to section 12, to appoint a qualified individual as the replacement director, and that director is deemed to be appointed from the nominees of that appointment area or trade union.
Section 12 (part) BEFORE amended by 2010-21-207, effective June 25, 2010 (BC Reg 196/2010).
When appointing directors under this Division, the appointing directors must select appointees in such a way as to ensure that, as a group, the directors are qualified individuals who hold all of the skills, and all of the experience, identified in the current vacancy skills and experience profile set out in the bylaws of the Authority under section 16 (2).
Section 13 (1) BEFORE amended by 2010-21-210, effective October 1, 2010 (BC Reg 196/2010).
(1) The directors may appoint one of their number as chair but in no event may the chief executive officer of British Columbia Ferry Corporation be the chair of the directors of the Authority.
Section 13 (5) BEFORE amended by 2023-10-59, effective March 30, 2023 (Royal Assent).
(5) A resolution of the directors, if approved by the required number of directors by telex, telegraph, facsimile or other electronic transmission, telephone or any other similar means of communication and confirmed in writing or other graphic communication, is as valid and effectual as if it had been passed at a meeting of the directors properly called and constituted.
Section 14 (2) (b) BEFORE amended by 2010-21-211, effective June 25, 2010 (BC Reg 196/2010).
(b) if, on any day for which the director is not receiving remuneration from British Columbia Ferry Corporation, the director performs directorial services for the Authority, the director is entitled to remuneration for that day equivalent to the daily remuneration that may be paid to a director of British Columbia Ferry Corporation for performing a similar service.
Section 19 (2) BEFORE amended by 2003-71-48, effective March 29, 2004 (BC Reg 64/2004).
(2) Despite the Company Act, if British Columbia Ferry Corporation is converted into a company,
Section 20 (1), (2) and (3) BEFORE amended by 2010-21-213, effective June 25, 2010 (BC Reg 196/2010).
(1) Both before and after its conversion, if any, British Columbia Ferry Corporation is responsible for paying any expenses that are incurred by the Authority in performing the Authority's obligations under Division 1 of this Part or in otherwise conducting the Authority's affairs, including, without limitation, any remuneration paid or payable to the directors of the Authority under Division 1 of this Part.
(2) Without limiting subsection (1), British Columbia Ferry Corporation must, promptly after being requested to do so by the directors of the Authority,
(a) pay to the Authority any money that the directors of the Authority, acting reasonably, consider necessary to meet the expenses that may be incurred by the Authority in performing its obligations under Division 1 of this Part or in otherwise conducting the Authority's affairs, and
(b) reimburse the Authority for any expenses incurred by the Authority in performing its obligations under Division 1 of this Part or in otherwise conducting the Authority's affairs that were not covered by payments provided under paragraph (a).
(3) Each annual financial statement for British Columbia Ferry Corporation must clearly indicate the amount of money provided under this section by British Columbia Ferry Corporation to the Authority in the fiscal year for which the financial statements are prepared.
Division 2.1, sections 21.1 to 21.5 were added to Part 2 by 2010-21-214, effective June 25, 2010 (BC Reg 196/2010).
Section 21.1 was renumbered as section 21.1 (1) by 2019-9-4, effective May 22, 2019 (BC Reg 110/2019).
Section 29 (1) (a) BEFORE amended by 2007-14-217,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) all of the interests and rights transferred or granted to the ferry operator under the Coastal Ferry Services Contract, under any lease referred to in section 31 to the ferry operator under this Act or under the regulations vest in the government, and
Section 30 (1) definition of "local government" BEFORE repealed by 2003-52-33(a), effective January 1, 2004 (BC Reg 456/2003, repealing BC Reg 428/2003).
"local government" has the same meaning as in the Local Government Act, and includes the City of Vancouver;
Section 30 (1) definition of "municipality" BEFORE amended by 2003-52-33(b), effective January 1, 2004 (BC Reg 456/2003, repealing BC Reg 428/2003).
"municipality" has the same meaning as in the Local Government Act;
Section 30 (1) definition of "public highway" BEFORE amended by 2004-44-94, effective December 31, 2004 (BC Reg 547/2004).
"public highway" has the same meaning as in the Highways Act;
Section 30 (1) definition of "minister" BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
"minister", except in section 34, means the Minister of Transportation, and, in section 34, includes that minister;
Section 32 (1) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
(1) Without limiting section 34, the minister and Ministry of Transportation have, in relation to public highways on continuing highway properties, all of the rights and powers that the minister and that ministry respectively have in relation to public highways.
Section 33 (2) (b) BEFORE amended by 2004-44-95, effective December 31, 2004 (BC Reg 547/2004).
(b) take any other action, mutually agreed between the minister and the ferry operator, that the minister has power to take under one or both of the Highway Act and the Ministry of Transportation and Highways Act.
Section 37 (2) and (4) BEFORE amended by 2023-10-60, effective March 30, 2023 (Royal Assent).
(2) The commissioner and any deputy commissioners in whom a beneficial interest referred to in subsection (1) is or becomes vested must divest himself or herself of the beneficial interest within 3 months after the later of his or her appointment or hiring, as the case may be, and his or her acquisition of the beneficial interest.
(4) A commissioner or deputy commissioner who has a beneficial interest in a publicly held mutual fund or pension fund that contains any of the investments referred to in subsection (1) (a) is not, merely because of that interest, in breach of this Act, or required to divest himself or herself of that interest, unless those investments make up more than 30% of the total mutual fund or pension fund holdings.
Section 38 (1) (part) BEFORE amended by 2010-21-215(a) and (b), effective June 25, 2010 (BC Reg 196/2010).
(1) The commissioner must regulate each ferry operator in relation to the core ferry services that are to be provided by that ferry operator and the tariffs that may be charged for those core ferry services, and must undertake that regulation in accordance with the following principles:
Section 38 (1) (a) and (d) BEFORE amended by 2012-28-2, effective June 25, 2012 (BC Reg 144/2012).
(a) priority is to be placed on the financial sustainability of the ferry operators;
(d) ferry operators are to be encouraged to minimize expenses without adversely affecting their safe compliance with core ferry services;
Section 38 (1) (e), (f) and (2) (g) BEFORE repealed by 2012-28-2, effective June 25, 2012 (BC Reg 144/2012).
(e) cross subsidization from major routes to other designated ferry routes is
(i) to be eliminated within the first performance term of the first Coastal Ferry Services Contract to be entered into under this Act, and
(ii) before its elimination, to be minimized;
(f) the designated ferry routes are to move towards a greater reliance on a user pay system so as to reduce, over time, the service fee contributions by the government.
(g) consider the interests of ferry users.
Section 38 (1) (part) BEFORE amended by 2019-9-5(a), effective May 16, 2019 (Royal Assent).
(1) Without limiting any other power of the commissioner under this Act, the commissioner must, after considering public feedback obtained under this Act, regulate each ferry operator in relation to the core ferry services that are to be provided by that ferry operator and the tariffs, including, without limitation, reservation fees, that may be charged for those core ferry services, and must undertake that regulation in accordance with the following principles:
Section 38 (1) (b) and (c) BEFORE repealed by 2019-9-5(c), effective May 16, 2019 (Royal Assent).
(b) ferry operators are to be encouraged to adopt a commercial approach to ferry service delivery;
(c) ferry operators are to be encouraged to seek additional or alternative service providers on designated ferry routes through fair and open competitive processes;
Section 40 (1) (part) BEFORE amended by 2010-21-216(a), effective June 25, 2010 (BC Reg 196/2010).
(1) For the purposes of section 38 (2) (c), each ferry operator must, at least 18 months before the beginning of a performance term for which a price cap is to be set, provide to the commissioner information, satisfactory to the commissioner, respecting the following in relation to each designated ferry route that is included within a route group for which a price cap is to be set:
Section 40 (1) (b) BEFORE amended by 2010-21-216(b), effective June 25, 2010 (BC Reg 196/2010).
(b) the tariffs for core ferry services that the ferry operator has charged, and reasonably expects to charge, in the current performance term;
Section 40 (1) (e) (iii) BEFORE amended by 2010-21-216(c), effective June 25, 2010 (BC Reg 196/2010).
(iii) the portion of the expenses applicable to the terminals serving the applicable designated ferry route that the ferry operator has reasonably allocated to the designated ferry route;
Section 40 (1) (e) paragraph sandwich was added by 2010-21-216(c), effective June 25, 2010 (BC Reg 196/2010).
Section 40 (2) BEFORE amended by 2010-21-216(e), effective June 25, 2010 (BC Reg 196/2010).
(2) After receiving the information referred to in subsection (1), the commissioner must, at least 12 months before the beginning of a performance term for which a price cap is to be set,
Section 40 (2) (a) BEFORE amended by 2010-21-216(f), effective June 25, 2010 (BC Reg 196/2010).
(a) review the material provided by the ferry operator and any public comment provided to the commissioner in relation to the reports maintained under section 68 (3),
Section 40 (2) (c) BEFORE amended by 2010-21-216(g), effective June 25, 2010 (BC Reg 196/2010).
(c) prepare a report that describes the determinations made under paragraph (b) of this subsection and the findings of the review, and indicate in that report the commissioner's preliminary decision about what the price cap for each route group will be for the next performance term,
Section 40 (1.1) and (1.2) were added by 2010-21-216(d), effective October 1, 2010 (BC Reg 196/2010).
Section 40 (1.2) BEFORE amended by 2012-28-3, effective June 25, 2012 (BC Reg 144/2012).
(1.2) Promptly after receiving the information referred to in subsections (1) and (1.1), the commissioner must publish that material on the commissioner's website.
Section 40 (1) (f) BEFORE repealed by 2019-9-6, effective May 16, 2019 (Royal Assent).
(f) the requests for proposal issued, or other actions taken, in the performance term by the ferry operator in accordance with section 69, the responses received by the ferry operator to those requests or actions, any unsolicited proposals received in the performance term by the ferry operator for the provision of ferry services by additional or alternative service providers on the designated ferry route and the results of those requests, actions, responses and proposals;
Section 41 (1) and (4) BEFORE repealed by 2012-28-4, effective June 25, 2012 (BC Reg 144/2012).
(1) In this section, "equity" includes retained earnings and paid in capital.
(4) The commissioner must set the price cap for each route group without reference to the price cap set for any other route group operated by the ferry operator.
Section 41 (2) (b) BEFORE amended by 2012-28-4, effective June 25, 2012 (BC Reg 144/2012).
(b) the price cap, when combined with all other price caps applicable to all route groups serviced by the ferry operator, must enable the ferry operator to receive a pre-tax return on equity, which return is to be calculated by adding
(i) an equity risk premium, provided that the equity risk premium is equivalent to that of other regulated businesses with reasonably similar risk characteristics, and
(ii) a bond yield that is consistent with Government of Canada 30 year bonds or with Government of Canada bonds that in aggregate have a similar duration;
Section 41 (3) (d) BEFORE amended by 2012-28-4, effective June 25, 2012 (BC Reg 144/2012).
(d) determine, based on current replacement costs, the appropriate value of capital assets deployed within, or in support of, the route group, and
Section 42 (1) to (4) BEFORE amended by 2012-28-6, effective June 25, 2012 (BC Reg 144/2012).
(1) A ferry operator may apply to the commissioner for an extraordinary price cap increase, in relation to a route group, that exceeds any increase available under section 39 (b) or 41 (6), and the commissioner may authorize the extraordinary price cap increase.
(2) An extraordinary price cap increase must not be authorized under subsection (1) unless an extraordinary situation exists such as
(a) the deployment of a new capital asset such as a vessel on one or more designated ferry routes in that route group during the currency of the applicable performance term of the Coastal Ferry Services Contract,
(b) an extraordinary increase in the price of any non-controllable input such as fuel,
(c) an unanticipated and extraordinary change in traffic levels on one or more designated ferry routes in that route group, or
(d) the introduction of new safety or other regulations that impose a new, unexpected and significant cost burden on the ferry operator.
(3) For the purposes of subsection (2), changes in labour costs or terms of employment, other than changes effected under regulations referred to in subsection (2) (d), do not constitute an extraordinary situation that would justify an extraordinary price cap increase under that subsection.
(4) Before authorizing an extraordinary price cap increase in relation to a route group, the commissioner must
(a) publicize the application in a manner that the commissioner is satisfied will bring the application to the attention of the public, and
(b) provide a period of at least one month within which persons wishing to comment on the application may do so.
Section 42 (1) (part) BEFORE amended by 2018-39-5, effective October 31, 2018 (Royal Assent).
(1) A ferry operator may make application to the commissioner for relief under this section if the ferry operator believes that an extraordinary situation exists, including, without limitation,
Section 43 BEFORE amended by 2012-28-7, effective June 25, 2012 (BC Reg 144/2012).
No reduction of service without authorization
43 (1) A ferry operator must not, except as permitted by the applicable Coastal Ferry Services Contract, reduce service on a designated ferry route below the core ferry services required for that designated ferry route unless the ferry operator first obtains the authorization of the commissioner.
(2) A ferry operator that wishes to reduce service on a designated ferry route below the core ferry services required for that designated ferry route must make application to the commissioner for the authorization required by subsection (1) and must, in that application, justify the requested reduction.
(3) The commissioner may authorize a reduction in service under subsection (1) if the commissioner is of the opinion that the reduction is for a temporary period and is for an extraordinary situation.
(4) If the commissioner agrees to authorize a reduction in service on a designated ferry route, the ferry operator may reduce service on that designated ferry route in the manner, for the period and in accordance with the terms and conditions specified by the commissioner, but not otherwise.
Section 45 (part) BEFORE amended by 2012-28-9, effective June 25, 2012 (BC Reg 144/2012).
If, under section 43, the commissioner authorizes a reduction in service on a designated ferry route or, under section 44, authorizes a ferry operator to discontinue a designated ferry route, the price cap set for the applicable route group
Section 45.1 (2) BEFORE amended by 2019-9-7, effective May 16, 2019 (Royal Assent).
(2) If the commissioner makes the determination referred to in subsection (1), the commissioner must regulate the ferry transportation service in one of the following ways:
(a) make an order under section 69 (1) and, after an alternative service provider satisfactory to the commissioner has been located through a competitive process established in a plan approved under section 69 (4) (a) or created under section 69 (4) (b) (i), order the ferry operator to arrange with that alternative service provider, under contract, franchise agreement or otherwise, for the alternative service provider to provide the ferry transportation service;
(b) calculate the amount that the commissioner considers would be charged as a tariff for that ferry transportation service to recover the direct costs and an appropriate proportion of the indirect costs attributable to providing the service were none of the factors referred to in subsection (1) of this section present, and order the ferry operator to charge at least that tariff when providing that ferry transportation service.
Section 45.3 (4) BEFORE repealed by 2011-10-4, effective October 1, 2012.
(4) Sections 42 and 44 (2) to (11) do not apply until October 1, 2012, and, before that date,
(a) the reference in section 44 (1) to "the authorization of the commissioner" is deemed to read "the approval of the Minister of Transportation and Infrastructure", and
(b) section 45 is deemed to read as follows:
"If, under section 43, the commissioner authorizes a reduction in service on a designated ferry route, or, under section 44, the Minister of Transportation and Infrastructure approves a discontinuance of all or part of a designated ferry route, the price cap set for the applicable route group
(a) must be reviewed by the commissioner, and
(b) may be adjusted in the manner and to the extent the commissioner considers reasonable."
Section 45.3 BEFORE repealed by 2011-10-5, effective April 1, 2016.
Review performance term
"review performance term" means the period beginning April 1, 2012 and ending March 31, 2016;
"weighted average" means the weighted average determined in a manner approved by the commissioner.
(2) Despite any other provision of this Division, the price cap applicable to a route group is, for the period beginning April 1, 2012 and ending March 31, 2013, the amount that is 4.15% above the weighted average of the tariffs that are payable as at March 31, 2012 on the designated ferry routes that are included in that route group.
(3) A price cap must be established under this Division for the portion of the review performance term that follows the period referred to in subsection (2) and, for that purpose, the following provisions of sections 38, 40 and 41, as they apply to the establishment of that price cap, are to be read as follows:
(a) the reference in section 38 (2) (c) to "in advance of each performance term under the Coastal Ferry Services Contract, other than the first performance term," is deemed to read "for the period from April 1, 2013 to March 31, 2016,";
(b) the reference in section 40 (3) to "At least 9 months before the beginning of the performance term for which the price cap is to be set," is deemed to read "On or before June 30, 2012,";
(c) the reference in section 40 (3) to "that upcoming performance term" is deemed to read "the review performance term";
(d) the reference in section 40 (4) to "at least 6 months before the beginning of the performance term for which the price cap is to be set," is deemed to read "on or before September 30, 2012,";
(e) section 40 (4) (b) is deemed to read as follows:
"(b) issue the commissioner's final decision on the application to the ferry operator and the government, which decision must set price caps for the period from April 1, 2013 to March 31, 2016 for all route groups serviced by the ferry operator so that those price caps, when combined with the price caps established for those route groups under section 45.3 (2) for the period from April 1, 2012 to March 31, 2013, provide in the review performance term the return that the ferry operator is entitled under section 41 to receive in that performance term.";
(f) the reference in section 41 (6) to "The commissioner may, in the price cap set for a route group under this section, provide for that price cap to change annually during the applicable performance term" is deemed to read "The commissioner may set a price cap for a route group under this section for the period from April 1, 2013 to March 31, 2016 and may, in the price cap, provide for that price cap to change annually during that period.
Section 48 (1) BEFORE amended by 2010-21-219, effective June 25, 2010 (BC Reg 196/2010).
(1) If a ferry operator fails to comply with any provision of this Act or the regulations or fails to provide core ferry services or if the average of the tariffs charged in relation to a route group exceeds the price cap for that route group, the commissioner may, subject to subsection (2), order the ferry operator to comply with those requirements promptly or within such period as the commissioner may specify.
Section 53 (1) (c.1) and (c.2) were added by 2010-21-220, effective October 1, 2010 (BC Reg 196/2010).
Section 53 (1) BEFORE amended by 2012-28-11, effective June 25, 2012 (BC Reg 144/2012).
(1) Within 4 months after the end of each fiscal year, the commissioner must make a report to the Lieutenant Governor in Council for the preceding fiscal year, setting out briefly
Section 53.1 BEFORE repealed by 2011-10-5, effective April 1, 2016.
Commissioner to make recommendations
53.1 In addition to any other reports the commissioner may or must provide under this Act, the commissioner must, on or before January 24, 2012, review this Act and recommend to the Minister of Transportation and Infrastructure such amendments to this Act as the commissioner considers will better enable the commissioner, when exercising his or her powers and performing his or her duties under this Act, to balance the interests of ferry users with the financial sustainability needs of the ferry operators.
Section 54 BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC reg 354/2007).
54 Despite any obligation imposed on the commissioner under this Act to obtain, maintain or make available information or records, the commissioner, every deputy commissioner, every employee of the commissioner and every inspector must not disclose or be compelled to disclose any information or record that is obtained in, or that comes to the person's knowledge during, the course of the administration of this Act or the course of any inspection authorized by or under this Act, unless and only to the extent that such disclosure is consistent with the Freedom of Information and Protection of Privacy Act.
Section 55 BEFORE re-enacted by 2012-28-12, effective June 25, 2012 (BC Reg 144/2012).
Commissioner to consider proposed capital deployment
55 Before deploying capital assets on, or incurring capital expenditures in connection with, a designated ferry route or terminal, the ferry operator may apply to the commissioner and the commissioner must, within one month after the application, declare whether the capital assets proposed to be deployed on, or the capital expenditures proposed to be incurred in connection with, the designated ferry route or terminal are reasonably required.
Section 57 BEFORE amended by 2019-9-9, effective May 16, 2019 (Royal Assent).
Commissioner expenses to be paid for by ferry operators
57 Subject to this Division, the ferry operators, as a group, are responsible for paying to the commissioner the money necessary to satisfy all of the reasonable expenses associated with the operation of the office of the commissioner, including any remuneration and expenses under section 35 (2) and (6) respectively, any remuneration of persons retained under section 36 and any remuneration and expenses of inspectors.
Section 59 (2) BEFORE amended by 2012-28-13, effective June 25, 2012 (BC Reg 144/2012).
(2) In preparing a budget for a fiscal year, the commissioner must ensure that the budget for that fiscal year does not exceed the total of the following:
(a) for each quarter, if any, of that fiscal year in which the commissioner is to take any action under section 40, 1/20 of 1% of the previous year's tariff revenue;
(b) for every other quarter of that fiscal year, 1/40 of 1% of the previous year's tariff revenue.
Section 60 formula BEFORE amended by 2019-40-5, effective November 28, 2019 (Royal Assent).
| (1/4 x estimated expenses) x (operator's tariff revenue/previous year's tariff revenue) |
Section 61 (3) formula BEFORE amended by 2019-40-6, effective November 28, 2019 (Royal Assent).
| special levy x (operator's tariff revenue/previous year's tariff revenue) |
| remaining quarters |
Section 61 (4) formula BEFORE amended by 2019-40-7, effective November 28, 2019 (Royal Assent).
| special levy x (operator's tariff revenue/previous year's tariff revenue) |
Section 62 (6) BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
(6) If, as a result of an arbitration under subsection (1), is the arbitrator determines that the expenses sought by the budget, or the expenses sought by the levy request, as the case may be, are greater than or are less than the amount that is reasonably required to cover the expenses referred to in section57 for the applicable fiscal year, the ferry operators must, at the beginning of the each of the remaining quarters of the fiscal year, pay the amount determined by the following formula:
Section 62 (6) formula BEFORE amended by 2019-40-8, effective November 28, 2019 (Royal Assent).
| arbitrated expenses x (operator's tariff revenue/previous year's tariff revenue) − amounts paid |
| remaining quarters |
Section 63.1 BEFORE repealed by 2011-10-5, effective April 1, 2016.
Costs of commissioner's review and recommendations
63.1 (1) In this section, "review expenses" means expenses that are
(a) additional to the expenses referred to in section 57, and
(b) directly and solely attributable to the review to be undertaken and the recommendations to be made under section 53.1.
(a) provide to the Minister of Transportation and Infrastructure a budget that provides the commissioner's reasonable estimate of the review expenses, and
(b) submit the budget to that minister for approval.
(3) If, because of reasonable but unforeseen circumstances, the commissioner must, in order to complete the required review and recommendations, incur review expenses additional to those set out in the budget submitted under subsection (2), the commissioner must submit to the Minister of Transportation and Infrastructure for approval an amendment to the budget that will provide an estimate of those additional review expenses.
(4) After the Minister of Transportation and Infrastructure has approved a budget under subsection (2) or an amendment to the budget under subsection (3), that minister may pay to the commissioner from the consolidated revenue fund the review expenses contemplated by that approved budget.
Section 64.1 (1) BEFORE amended by 2012-28-14, effective June 25, 2012 (BC Reg 144/2012).
(1) At least 18 months before the beginning of a performance term, a ferry operator must prepare a capital plan, in accordance with subsection (2), respecting the major capital expenditures, including, without limitation, all expenditures relating to improvements to or purchases of vessels or terminals, that the ferry operator anticipates incurring over the 10 year period beginning at the start of the upcoming performance term.
Section 64.1 (3) BEFORE repealed by 2019-9-10, effective May 16, 2019 (Royal Assent).
(3) A capital plan must be approved by the commissioner before it is submitted to the commissioner for publication under section 40.
Section 66 (1) (part) BEFORE amended by 2010-21-222, effective June 25, 2010 (BC Reg 196/2010).
(1) If a ferry operator fails to comply with any provision of this Act or the regulations or fails to provide core ferry services or if the average of the tariffs charged in relation to a route group exceeds the price cap for that route group, the commissioner may, subject to subsection (2), order the ferry operator to comply with those requirements promptly or within such period as the commissioner may specify.
Section 66 (1) (a) (i) BEFORE amended by 2019-9-11, effective May 16, 2019 (Royal Assent).
(i) the services that were provided on the designated ferry routes, including financial statistics, traffic levels and other operating statistics,
Section 66 (1) (a) (iii) BEFORE repealed by 2019-9-11, effective May 16, 2019 (Royal Assent).
(iii) a review, in summary form, of the proposals received or other actions taken by the ferry operator in accordance with section 69, and
Section 68 (4) BEFORE amended by 2003-71-49, effective March 29, 2004 (BC Reg 64/2004).
(4) Any person may examine and take extracts from any of the records maintained by the ferry operator under subsection (3) on payment of 50 cents, or any lesser sum that the ferry operator may require, for each record examined, and sections 164 (5) and 165 of the Company Act apply.
Section 69 BEFORE re-enacted by 2010-21-223, effective June 25, 2010 (BC Reg 196/2010).
Additional or alternative service providers
69 (1) In each performance term of the Coastal Ferry Services Contract, the ferry operator must, in accordance with the plan prepared by it under subsection (2) in relation to that performance term, seek additional or alternative service providers to provide, under contract, franchise agreement or otherwise, ferry services on the designated ferry routes serviced by the ferry operator in an effort to reduce the costs of providing those services on those designated ferry routes.
(2) A ferry operator must, for each performance term, prepare a plan in which the ferry operator sets out the manner in which it intends to seek additional or alternative service providers to provide ferry services on the designated ferry routes serviced by the ferry operator and must provide that plan to the commissioner,
(a) in the case of a plan prepared in relation to the first performance term, within 12 months after the effective date of the Coastal Ferry Services Contract, and
(b) for each subsequent performance term, on or before the beginning of that performance term.
(3) If the commissioner considers that a ferry operator has failed to comply with this section, the commissioner may, in addition to any power the commissioner may exercise under section 48, do any or all of the following:
(a) adjust any productivity factor the commissioner is to establish under section 41 (6) to reflect that failure;
(b) order the ferry operator to prepare and provide to the commissioner, a plan, in form and content satisfactory to the commissioner, setting out the manner in which the ferry operator intends, over the period specified by the commissioner, to seek additional or alternative service providers to provide ferry services on the designated ferry routes serviced by the ferry operator;
(c) order the ferry operator to comply with the plan provided under paragraph (b).
Section 69 BEFORE repealed by 2019-9-12, effective May 16, 2019 (Royal Assent).
Additional or alternative service providers
69 (1) A ferry operator must, if ordered to do so by the commissioner, seek additional or alternative service providers to provide, under contract, franchise agreement or otherwise, one or more ferry transportation services on one or more of the designated ferry routes serviced by the ferry operator.
(2) The commissioner may make an order under subsection (1),
(a) in relation to ferry transportation services other than competitive services, in an effort to reduce the costs of providing those services on those designated ferry routes, and
(b) in relation to competitive services, to ensure that the ferry operator does not have an unfair competitive advantage in providing that ferry transportation service.
(3) Promptly after an order is made under subsection (1), the ferry operator that is the subject of the order must
(a) prepare a plan setting out the process the ferry operator intends to undertake to comply with the order, and
(b) provide that plan to the commissioner for approval.
(a) approve a plan provided to the commissioner under subsection (3) (b) if the commissioner is satisfied that the plan proposes a fair and competitive process, or
(b) if a plan acceptable to the commissioner is not received by the commissioner promptly after the order is made under subsection (1),
(i) create a plan setting out the process the ferry operator must undertake to comply with the order, and
(ii) provide that plan to the ferry operator.
(5) Promptly after a plan is approved under subsection (4) (a) or provided to a ferry operator under subsection (4) (b) (ii), the ferry operator must comply with the order made under subsection (1) in accordance with the process set out in the plan.
(6) Promptly after complying with an order made under subsection (1), the ferry operator must report to the commissioner as to the ferry operator's activities in that regard, including, without limitation,
(a) the process by which alternative service providers were sought, and
Section 70 (1) (c) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(c) a person who obstructs or interferes with a commissioner, inspector or person in the exercise of rights conferred or duties imposed by or under this Act;
Section 70 (2) BEFORE amended by 2023-10-61, effective March 30, 2023 (Royal Assent).
(2) Subsection (1) (c) does not apply if the commissioner, inspector or person does not, on request at the time, produce a certificate of his or her appointment or authority.
Section 74 (part) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
For the purposes of the Freedom of Information and Protection of Privacy Act, all records that, immediately before the conversion of British Columbia Ferry Corporation into a company as contemplated by section 19 of this Act, were in the custody or under the control of British Columbia Ferry Corporation and were records to which the Freedom of Information and Protection of Privacy Act applied, are deemed, on that conversion of British Columbia Ferry Corporation into a company and until the records are disposed of in accordance with the Document Disposal Act, to be under the control of the Ministry of Transportation.
Section 74 BEFORE amended by 2015-27-29, effective May 10, 2016 (BC Reg 109/2016).
Freedom of Information and Protection of Privacy Act
74 For the purposes of the Freedom of Information and Protection of Privacy Act, all records that, immediately before the conversion of British Columbia Ferry Corporation into a company as contemplated by section 19 of this Act, were in the custody or under the control of British Columbia Ferry Corporation and were records to which the Freedom of Information and Protection of Privacy Act applied, are deemed, on that conversion of British Columbia Ferry Corporation into a company and until the records are disposed of in accordance with the Document Disposal Act, to be under the control of the minister's ministry.