Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
B.C. Reg. 546/2004
O.C. 1202/2004
Deposited December 3, 2004
effective December 31, 2004
This consolidation is current to December 4, 2018.

Transportation Act

Transportation Act Regulation

[includes amendments up to B.C. Reg. 212/2008, March 31, 2008]

Contents
1Definition
2Prescribed area and tax
3System of charges
4Exception to section 42 (1) of the Act
5Publication of notices
6Interest

Definition

1   In this regulation, "Act" means the Transportation Act.

Prescribed area and tax

2   For the purposes of section 13 of the Motor Fuel Tax Act, the prescribed area is the Province of British Columbia and the prescribed tax is 6.75¢ per litre.

System of charges

3   (1) In this section:

"industrial users" has the same meaning as in Schedule 2 of Order in Council 1081/2003;

"surplus" means, with respect to the period referred to in subsection (4), the amount, if any, by which the charges collected by the authority in relation to the Sierra Yoyo Desan Road exceed the amount expended by the authority in relation to that road.

(2) Any system of charges established by the authority under section 36 of the Act in relation to the Sierra Yoyo Desan Road must be published in the Gazette as soon as practicable after the system of charges is approved by the Lieutenant Governor in Council.

(3) The authority must consult with a sample of industrial users of the Sierra Yoyo Desan Road, which sample is considered by the authority in its sole discretion to be representative,

(a) before making any changes to the charges under the system of charges, and

(b) before adding any new categories of industrial users.

(4) When the system of charges established by the authority under section 36 of the Act in relation to the Sierra Yoyo Desan Road is concluded, the authority must repay any surplus remaining from those charges to the industrial users who have paid those charges over the period from December 1, 2003 until the date on which the system is concluded.

[am. B.C. Reg. 212/2008.]

Exception to section 42 (1) of the Act

4   (1) Section 42 (1) of the Act does not apply

(a) to an expenditure of public money if the expenditure is confined to an expenditure for snowploughing or ice control,

(b) to a travelled road if the travelled road forms part of an existing railway right of way and, at the time public money was spent on it,

(i) was owned by the government or a Crown corporation or Crown agency, or

(ii) formed part of a railway right of way,

(b.1) to the Telegraph Cove Road, being a private industrial road located approximately 20 km south of Port McNeill on Vancouver Island, commencing at the southern boundary of Rupert District Lot 348 (intersection of Beaver Cove Road and the Kilpala Main) and traveling northeastwards for a distance of 3.6 km through Rupert District Lot 2 and terminating at the western side of Rupert District Lot 350 (start of the 1.0 km public highway at Timber West's dry land sort),

(b.2) to the Alberni Bamfield Road, a road located between Port Alberni and Bamfield on central Vancouver Island, commencing at the south terminus of Franklin River Road, a public highway within Block 763, Alberni District, then traveling approximately 78 kilometres southwesterly to join and terminate at Bamfield Road, a public highway near Pacheena Bay,

(b.3) to the SJ620 Road, being a private industrial road located in Sections 21 and 22, Township 41, Rupert District, commencing at the intersection of the SJ620 Road with the San Josef Main Road in the South 1/2 of the Northwest 1/4 of Section 22, Township 41, Rupert District and travelling westwards for a distance of approximately 1.4023 km, terminating at the easterly boundary of Cape Scott Park,

(c) to a highway if money has been authorized to be lent, guaranteed, invested, granted or spent in relation to the highway under section 13 of the Ministry of Energy and Mines Act, or

(d) to travelled roads that

(i) are on ferry terminal properties, within the meaning of the Coastal Ferry Act, and

(ii) are not designated, under that Act, as highway properties.

(2) Section 42 (1) of the Act does not apply to any of the following trails, whether or not public money is spent on the trail before or after the coming into force of this subsection:

(a) the Trans Canada Trail;

(b) a snowmobile trail established and maintained by a recreational organization.

(3) Nothing in subsection (1) or (2) is to be read as including recreational trails within the meaning of roads or travelled roads.

[am. B.C. Regs. 120/2005; 294/2005; 234/2007.]

Publication of notices

5   (1) For the purposes of sections 2 (2), 45 (2), 48 (3), 54 (3) and 60 (2) of the Act, a notice referred to in those sections must be published in the Gazette.

(2) For the purposes of section 60 (3) of the Act, a notice of the intention to discontinue and close a surplus highway must be published once each week, for 4 consecutive weeks, in a newspaper published in British Columbia and circulating in the place in which the highway or part of it is located.

Interest

6   Interest payable under section 77 of the Act must be calculated in the manner prescribed in B.C. Reg. 214/83, the Interest on Overdue Accounts Receivable Regulation.

[Provisions of the Transportation Act, S.B.C. 2004, c. 44, relevant to the enactment of this regulation: sections 87 and 89]