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“Point in Time” Act Content

TRANSPORTATION ACT

[SBC 2004] CHAPTER 44

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
1November 30, 2007
 July 30, 2010
 March 25, 2014
 May 21, 2015
4January 1, 2016
8March 30, 2006
9March 18, 2005
13November 30, 2007
 November 30, 2007
26March 25, 2014
27June 25, 2010
 March 25, 2014
 May 21, 2015
33May 14, 2012
 May 14, 2012
35July 1, 2010
35.1April 1, 2013
 April 1, 2014
39.1May 21, 2015
40April 1, 2007
44.1July 30, 2010
45July 30, 2010
 July 30, 2010
47July 30, 2010
55January 1, 2016
56March 30, 2006
 January 14, 2010
 January 14, 2010
58November 30, 2007
62November 19, 2004
64March 25, 2014
72November 19, 2004
79April 1, 2007
82December 9, 2008
 July 1, 2010
86December 31, 2004
[retro from March 30, 2006]
87July 1, 2006
 April 1, 2007
 March 31, 2008
[retro from May 1, 2008]
 March 31, 2008
[retro from May 1, 2008]

  Section 1 definition of "ferry", paragraph (d) BEFORE amended by 2007-41-98, effective November 30, 2007 (BC Reg 399/2007).

(d) a ferry that is part of the regional transportation system as defined in the Greater Vancouver Transportation Authority Act;

  Section 1 definition of "arterial highway" BEFORE amended by 2010-21-241, effective July 30, 2010 (BC Reg 245/2010).

"arterial highway" means any land, improvement or highway that is designated as an arterial highway under section 45 or that becomes an arterial highway under section 56 (2) (a);

  Section 1 definition of "provincial public undertaking", paragraph (a.1) was added by 2014-1-16, effective March 25, 2014 (BC Reg 43/2014).

  Section 1 definition of "provincial public undertaking", paragraph (a.2) and definition of "transit system" were added by 2015-12-17, effective May 21, 2015 [7 days after May 14, 2015 (Royal Assent)].

  Section 4 (2) (e) (iv) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(iv) by the minister in relation to an approval of a site plan under section 924 of the Local Government Act, or

  Section 8 (2) (a) BEFORE amended by 2006-15-42, effective March 30, 2006 (Royal Assent).

(a) acquire, hold, construct, use, operate, upgrade, alter, expand, extend, maintain, repair, rehabilitate or protect a provincial public undertaking,

  Section 9 (4) BEFORE amended by 2004-61-34, effective March 18, 2005 (BC Reg 95/2005).

(4)  If the minister and a person entitled to compensation under subsection (2) (b) or (3) (a) of this section fail to agree on the amount of compensation payable, the amount must be determined by the Expropriation Compensation Board established under the Expropriation Act.

  Section 13 (3) (a) (i) BEFORE amended by 2007-41-99, effective November 30, 2007 (BC Reg 399/2007).

(i)  to the authority or the Greater Vancouver Transportation Authority,

  Section 13 (4) (b) BEFORE amended by 2007-41-99, effective November 30, 2007 (BC Reg 399/2007).

(b) the authority or the Greater Vancouver Transportation Authority,

  Section 26 BEFORE re-enacted by 2014-1-17, effective March 25, 2014 (BC Reg 43/2014).

Purpose of the authority

26   The purpose of the authority is to acquire, construct, hold, improve or cause to be constructed or improved transportation infrastructure, other than infrastructure related to municipal highways, throughout British Columbia, and to do such other things as the Lieutenant Governor in Council may authorize.

  Section 27 (3) (f) BEFORE amended by 2010-6-189, effective June 25, 2010 (BC Reg 193/2010).

(f) with the approval of the Lieutenant Governor in Council, enter into agreements with the government of Canada, the government of a province or territory within Canada or the government of a jurisdiction outside Canada, or with an agency, department or official of any of those governments;

  Section 27 (3) (a) BEFORE amended by 2014-1-18, effective March 25, 2014 (BC Reg 43/2014).

(a) acquire, construct, hold or improve transportation infrastructure or cause it to be constructed or improved;

  Section 27 (3) (g.1) and (3.1), (3.2) and (3.3) were added by 2015-12-18, effective May 21, 2015 [7 days after May 14, 2015 (Royal Assent)].

  Section 33 (4) BEFORE amended by 2012-12-123, effective May 14, 2012 (Royal Assent).

(4)  At least once in every fiscal year, the accounts of the authority must be audited and reported on by an auditor appointed by the Lieutenant Governor in Council, with the costs of the audit paid by the authority.

  Section 33 (4.1) was added by 2012-12-123, effective May 14, 2012 (Royal Assent).

  Section 35 BEFORE repealed by 2010-5-204, effective July 1, 2010.

 Authority revenue from car rental tax

35  The Minister of Finance must pay to the authority out of the consolidated revenue fund, without an appropriation other than this section, amounts equivalent to the net revenue collected under section 26 of the Social Service Tax Act.

  Section 35.1 was enacted by 2013-1-123, effective April 1, 2013.

  Section 35.1 BEFORE re-enacted by 2014-4-112, effective April 1, 2014.

Revenue from additional tax on lease of passenger vehicle

35.1   For each fiscal year of the government, the Minister of Finance must pay to the authority out of the consolidated revenue fund, without an appropriation other than this section, an amount that the Minister of Finance, by written estimate, estimates to be equal to the net revenue received during that fiscal year that has been derived from tax imposed under section 43 of the Provincial Sales Tax Act.

  Section 39.1 was enacted by 2015-12-19, effective May 21, 2015 [7 days after May 14, 2015 (Royal Assent)].

  Section 40 BEFORE repealed by 2007-1-43, effective April 1, 2007.

 Limit of outstanding debt

40  (1)  The outstanding debt of the authority arising from borrowings, as calculated under subsection (2), must not be greater than the amount established for the purpose of this section by the Lieutenant Governor in Council.

(2)  The outstanding debt of the authority arising from borrowings must be calculated by taking the aggregate of the principal value of its outstanding debt from borrowings,

(a) adding the amounts of any unamortized premiums in relation to the debt,

(b) subtracting the amounts of any unamortized discounts in relation to the debt,

(c) subtracting the amounts of the value, as determined by the Minister of Finance, of

(i)  any sinking funds established under section 39 for the retirement of the debt, and

(ii)  the balances attributable to the authority in any sinking funds established by the government under the Financial Administration Act in relation to the debt, and

(d) adding or subtracting other amounts as prescribed by the Lieutenant Governor in Council.

(3)  For the purpose of this section, if any outstanding debt of the authority arises from borrowings in currencies other than Canadian dollars, the outstanding debt in respect of those borrowings must be determined by calculating the Canadian dollar equivalent of these borrowings on the basis of

(a) the Bank of Canada Canadian dollar noon spot exchange rate for the currency borrowed as quoted on the day of the borrowing, or

(b) if there is no Bank of Canada Canadian dollar noon spot exchange rate quoted for the currency borrowed on the day of the borrowing, the noon spot exchange rate for the currency borrowed on the day of the borrowing at a Canadian chartered bank that the Minister of Finance considers appropriate.

  Section 44.1 was enacted by 2010-21-242, effective July 30, 2010 (BC Reg 245/2010).

  Section 45 (1) (part) BEFORE amended by 2010-21-243(a), effective July 30, 2010 (BC Reg 245/2010).

(1)  The Lieutenant Governor in Council may, by order, on the recommendation of the minister,

  Section 45 (1) (b) BEFORE amended by 2010-21-243(b), effective July 30, 2010 (BC Reg 245/2010).

(b) remove the designation of "arterial highway" from all or part of any land or improvement or highway.

  Section 47 BEFORE re-enacted by 2010-21-244, effective July 30, 2010 (BC Reg 245/2010).

 Minister has municipality's rights, powers and advantages

47  In addition to any other rights, powers and advantages held by the minister in relation to an arterial highway under this Act, the minister

(a) has, and may exercise, in relation to the arterial highway, all of the rights, powers and advantages that the affected municipality had, before the arterial highway was designated as such under this or any other Act, to plan, design, acquire, hold, construct, use, operate, upgrade, alter, expand, extend, maintain, repair, rehabilitate, protect, remove, discontinue, close and dispose of the highway,

(b) has, and may exercise, in relation to any improvement on, under, over or related to the arterial highway, all of the rights, powers and advantages that the affected municipality had, before the arterial highway was designated as such under this or any other Act, to plan, design, acquire, hold, construct, use, operate, upgrade, alter, expand, extend, maintain, repair, rehabilitate, protect, remove, discontinue, close and dispose of the improvement,

(c) has, and may exercise, all of the rights, powers and advantages that the affected municipality had, before the arterial highway was designated as such under this or any other Act, under any contract relating to the highway or any related improvement, and

(d) may sue in the name of the minister to enforce any of the rights, powers or advantages referred to in this section.

  Section 55 (3) (b) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(b) section 363.2 of the Local Government Act applies to an amount recoverable by a regional district under section 21 of this Act as it applies under subsection (2) of this section.

  Section 56 (2) and (3) BEFORE amended by 2006-13-35,Sch C, effective March 30, 2006 (Royal Assent).

(2)  Without limiting any right or power the Minister of Forests may have in relation to forest service roads, the Lieutenant Governor in Council may, with the consent of the Minister of Transportation and the Minister of Forests, order that a forest service road cease to be a forest service road for the purposes of the Forest Act and become, for the purposes of this Act,

(a) if and to the extent it is located in a municipality, an arterial highway, or

(b) in any other case, a rural highway.

(3)  Without limiting any right or power the Minister of Transportation may have to close a provincial public highway, the Lieutenant Governor in Council may, with the consent of the Minister of Transportation and the Minister of Forests, order that a provincial public highway cease to be a provincial public highway and become a forest service road for the purposes of the Forest Act, and, in that event, the provincial public highway is deemed to be closed and discontinued at the time it becomes a forest service road.

  Section 56 (2) (part) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(2)  Without limiting any right or power the minister responsible for the administration of the Ministry of Forests and Range Act may have in relation to forest service roads, the Lieutenant Governor in Council may, with the consent of the Minister of Transportation and the minister responsible for the administration of the Ministry of Forests and Range Act, order that a forest service road cease to be a forest service road for the purposes of the Forest Act and become, for the purposes of this Act,

  Section 56 (3) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(3)  Without limiting any right or power the Minister of Transportation may have to close a provincial public highway, the Lieutenant Governor in Council may, with the consent of the Minister of Transportation and the minister responsible for the administration of the Ministry of Forests and Range Act, order that a provincial public highway cease to be a provincial public highway and become a forest service road for the purposes of the Forest Act, and, in that event, the provincial public highway is deemed to be closed and discontinued at the time it becomes a forest service road.

  Section 58 (1) (c) BEFORE amended by 2007-41-100, effective November 30, 2007 (BC Reg 399/2007).

(c) a highway that is part of the major road network within the meaning of the Greater Vancouver Transportation Authority Act.

  Section 62 (1) BEFORE amended by 2004-72-17, effective November 19, 2004 (BC Reg 508/2004).

(1)  A person must not use, occupy or do anything to or on a provincial public highway, or to or on any land or improvement related to a provincial public highway, unless the person is authorized to do so under this Part, under another enactment, by a lease entered into under section 13 (2) (a) or at law.

  Section 64 (1) (b) BEFORE amended by 2014-1-19, effective March 25, 2014 (BC Reg 43/2014).

(b) moor or attach a vessel or other floating object to a bridge or other structure that forms part of a provincial public undertaking.

  Section 72 (1) BEFORE amended by 2004-72-18, effective November 19, 2004 (BC Reg 508/2004).

(1)  A person must not use, occupy or do anything to or on a concession highway unless the person is authorized to do so under this section or at law.

  Section 79 (1) (e) BEFORE amended by 2007-1-44, effective April 1, 2007.

(e) contravenes a regulation made under section 87 (2) (b), (c), (d), (e), (f) or (g), or

  Section 82 (1) (c) BEFORE amended by 2008-39-77, effective December 9, 2008 (BC Reg 404/2008).

(c) to any other organization, by delivery to, or by sending it by registered mail to, the last known address in British Columbia for the organization, or

  Section 82 (1) (b) (i) BEFORE amended by 2010-6-84, effective July 1, 2010.

(i)  the Rules of Court of the Supreme Court, or

  Section 86 (1) BEFORE amended by 2006-15-43, effective December 31, 2004 [retro from March 30, 2006 (Royal Assent)].

(1)  No action lies and no proceeding may be brought against the government or the minister for loss or damages to person or property caused directly or indirectly by any acts or omissions of, or any works constructed or maintained by,

(a) a person to whom a disposition is made under section 13, or

(b) a person acting or purporting to act under an authorization of the minister.

  Section 87 (3) to (5) BEFORE repealed by 2004-44-87(5), effective July 1, 2006.

(3)  The Lieutenant Governor in Council may make regulations the Lieutenant Governor in Council considers necessary or advisable for

(a) meeting or removing any difficulty arising out of the transition to this Act from the Highway Act, the Build BC Act, the Ministry of Transportation and Highways Act and the Highway Scenic Improvement Act, including, without limitation, disapplying or varying any provision of this Act, and

(b) resolving any errors, inconsistencies or ambiguities that arise in, or in relation to, another enactment affected by this Act.

(4)  A regulation made under subsection (3) may be made retroactive to a date not earlier than the date this section comes into force.

(5)  This subsection and subsections (3) and (4) and any regulations made under them are repealed on July 1, 2006.

  Section 87 (2) (e) BEFORE repealed by 2007-1-45, effective April 1, 2007.

(e) respecting amounts that, under section 40 (2) (d), may be added or subtracted in calculating the outstanding debt of the authority;

  Section 87 (2) (d) BEFORE amended by 2008-10-117(a), effective March 31, 2008 [retro from May 1, 2008 (Royal Assent)].

(d) respecting the system of tolls or charges referred to in section 36;

  Section 87 (2.1) was added by 2008-10-117(b), effective March 31, 2008 [retro from May 1, 2008 (Royal Assent)].