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"Point in Time" Regulation Content

Container Trucking Act

Container Trucking Regulation

B.C. Reg. 248/2014

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 May 14, 2015
Section 4 March 1, 2015
Section 8 May 14, 2015
Section 9 May 14, 2015
Section 10 May 14, 2015
Section 11 May 14, 2015
Section 12 May 14, 2015
Section 13 May 14, 2015
May 4, 2018
Section 14 May 14, 2015
May 4, 2018
Section 15 May 14, 2015
May 4, 2018
Section 16 May 14, 2015
Section 17 May 14, 2015
Section 18 May 14, 2015
May 4, 2018
Section 19 May 14, 2015
May 4, 2018
Section 25 May 14, 2015
Schedule 1 July 20, 2016
July 20, 2016
May 4, 2018
Schedule 2 July 20, 2016
May 4, 2018

 Section 1 BEFORE re-enacted by BC Reg 72/2015, effective May 14, 2015.

Definitions

1   (1) In the Act and in this regulation:

"Act" means the Container Trucking Act;

"container" means a metal box furnished or approved by an ocean carrier for the marine transportation of goods;

"directly employed operator" means an individual who performs container trucking services and is an employee, within the meaning of the Employment Standards Act, of a licensee;

"facility" means a location in the Lower Mainland where containers are stored, loaded, unloaded, trans-loaded, repaired, cleaned, maintained or prepared for shipping, but does not include a marine terminal;

"fuel surcharge" means money owed by a licensee to a trucker under Division 3 [Fuel Surcharges] of Part 4 [Rates and Remuneration];

"independent operator" means a person, other than a licensee, who performs container trucking services and has an ownership interest or a leasehold interest in a vehicle that is designed to be self-propelled,

(a) to which a trailer, within the meaning of the Motor Vehicle Act, that is designed, used or intended for the carriage of containers is or may be attached, and

(b) by which a trailer described in paragraph (a) is or may be drawn;

"indirectly employed operator" means an individual who performs container trucking services and is an employee, within the meaning of the Employment Standards Act, of an independent operator;

"Lower Mainland" means the geographic area of British Columbia within the borders of the following municipalities, as they existed on December 1, 2014:

(a) the City of Abbotsford;

(b) the City of Burnaby;

(c) the City of Chilliwack;

(d) the City of Coquitlam;

(e) the Corporation of Delta;

(f) the City of Langley;

(g) the Township of Langley;

(h) the City of Maple Ridge;

(i) the District of Mission;

(j) the City of New Westminster;

(k) the City of North Vancouver;

(l) the District of North Vancouver;

(m) the City of Pitt Meadows;

(n) the City of Port Coquitlam;

(o) the City of Port Moody;

(p) the City of Richmond;

(q) the City of Surrey;

(r) the City of Vancouver;

(s) the District of West Vancouver;

(t) the City of White Rock;

"marine terminal" means one of the following:

(a) Centerm;

(b) Deltaport;

(c) Fraser Surrey Docks;

(d) Vanterm;

(e) any other container terminal for which a trucking authorization or port access agreement is required by the Vancouver Fraser Port Authority;

"off-dock trip" means one movement of a container by a trucker from one facility in the Lower Mainland to a different facility in the Lower Mainland, but does not include

(a) an on-dock trip,

(b) a short trip, or

(c) a movement of a container from one location in a facility to a different location in the same facility;

"on-dock trip" means one movement of a container by a trucker from

(a) a marine terminal to a location in the Lower Mainland, or

(b) a location in the Lower Mainland to a marine terminal;

"pay period" has the same meaning as in the Employment Standards Act;

"remuneration" means money owed to a trucker under Division 1 [Rates] of Part 4 [Rates and Remuneration], but does not include wait time remuneration or fuel surcharges;

"short trip" means one movement of a container a distance of 5 km or less by a trucker from one facility to a different facility;

"trip", in relation to container trucking services, means one of the following:

(a) an off-dock trip;

(b) an on-dock trip;

(c) a short trip;

"wait time remuneration" means money owed by a licensee to an independent operator or indirectly employed operator for delays occurring when the independent operator or indirectly employed operator is in a marine terminal.

(2) A reference to distance in this regulation is to public road distance.

 Section 1 (1.1) was added by BC Reg 72/2015, effective May 14, 2015.

 Section 4 BEFORE re-enacted by BC Reg 248/2014, effective March 1, 2015

Deemed licences

4   (1) Subject to section 5 [exception for long-haul authorizations], authorizations issued by the Vancouver Fraser Port Authority under the Canada Marine Act to carry out container trucking services are conclusively deemed to be licences under the Act.

(2) Truck tags issued by the Vancouver Fraser Port Authority to carry out container trucking services are conclusively deemed to be truck tags issued by the commissioner.

(3) A licence under this section is specified as a class of deemed licences that expires if the authorization

(a) is cancelled by Vancouver Fraser Port Authority, or

(b) otherwise expires.

 Section 8 (3) BEFORE amended by BC Reg 72/2015, effective May 14, 2015.

(3) Despite subsection (2) (b) (i), (ii) and (iv), the commissioner may exempt an applicant for a licence providing information in relation to sanctions imposed against, monies owed by, or activity engaged in by a related person, if it is unreasonable to require the applicant to provide the information.

 Section 9 (1) (b) BEFORE amended by BC Reg 72/2015, effective May 14, 2015.

(b) issue a licence to one or more applicants that met requirements and that the commissioner considers best met the desirable criteria identified;

 Section 10 BEFORE repealed by BC Reg 72/2015, effective May 14, 2015.

Minimum rates per trip for directly employed operators

10   If a licensee pays a directly employed operator per trip, the licensee must pay the directly employed operator no less than $40 per trip.

 Section 11 BEFORE repealed by BC Reg 72/2015, effective May 14, 2015.

Minimum rates per trip for indirectly employed operators

11   (1) This section applies if an independent operator performing containing trucking services on behalf of a licensee agrees to pay an indirectly employed operator per trip.

(2) The licensee must pay an indirectly employed operator, to whom this section applies, the difference, if any, between the following:

(a) the amount paid by the independent operator to the indirectly employed operator for each trip;

(b) $40 for each trip.

 Section 12 (2) BEFORE repealed by BC Reg 72/2015, effective May 14, 2015.

(2) A licensee to whom this section applies must pay an independent operator no less than $50 for each short trip.

 Section 13 (1) (part) and (2) BEFORE amended by BC Reg 72/2015, effective May 14, 2015.

(1) If a licensee pays a directly employed operator hourly for container trucking services, the licensee must pay the directly employed operator no less than

(2) This section applies whether or not the container trucking services are performed before or after the coming into force of this regulation, and whether or not the container trucking services were performed on behalf of the licensee.

 Section 13 (1) (part) and (2) BEFORE amended by BC Reg 92/2018, effective May 4, 2018.

(1) A licensee must pay a directly employed operator an amount equal to or greater than

(2) This section applies whether the hours of container trucking services referred to in subsection (1) (a) or (b) were performed before or after the coming into force of this regulation, and whether or not the hours of container trucking services were performed on behalf of the licensee.

 Section 13 (3) and (4) were added by BC Reg 92/2018, effective May 4, 2018.

 Section 14 (1) and (3) BEFORE amended by BC Reg 72/2015, effective May 14, 2015.

(1) This section applies if an independent operator performing container trucking services on behalf of a licensee agrees to pay an indirectly employed operator hourly.

(3) This section applies whether or not the container trucking services are performed before or after the coming into force of this regulation, and whether or not the container trucking services were performed on behalf of the licensee.

 Section 14 (2) (b) (part) BEFORE amended by BC Reg 72/2015, effective May 14, 2015.

(b) whichever one of the following applies:

 Section 14 (2) (part) and (3) BEFORE amended by BC Reg 92/2018, effective May 4, 2018.

(2) The licensee must pay an indirectly employed operator, to whom this section applies, the difference, if any, between the following:

(3) This section applies whether the hours of container trucking services referred to in subsection (2) (a) or (b) were performed before or after the coming into force of this regulation, and whether or not the hours of container trucking services were performed on behalf of the licensee.

 Section 14 (4) and (5) were added by BC Reg 92/2018, effective May 4, 2018.

 Section 15 (1) and (2) BEFORE amended by BC Reg 72/2015, effective May 14, 2015.

(1) If a licensee pays an independent operator hourly for container trucking services, the licensee must pay the independent operator no less than

(a) $50.13 per hour, inclusive of benefits, if the independent operator has performed less than 2 340 hours of container trucking services on behalf of any licensee; or

(b) $51.28 per hour, inclusive of benefits, if the independent operator has performed 2 340 or more hours of container trucking services on behalf of any licensee.

(2) This section applies whether or not the container trucking services are performed before or after the coming into force of this regulation, and whether or not the container trucking services were performed on behalf of the licensee.

 Section 15 (1) (part) and (2) BEFORE amended by BC Reg 92/2018, effective May 4, 2018.

(1) If a licensee pays an independent operator hourly for container trucking services, the licensee must pay the independent operator an amount equal to or greater than

(2) This section applies whether the hours of container trucking services referred to in subsection (1) (a) or (b) were performed before or after the coming into force of this regulation, and whether or not the hours of container trucking services were performed on behalf of the licensee.

 Section 15 (2.1) and (2.2) were added by BC Reg 92/2018, effective May 4, 2018.

 Section 16 BEFORE re-enacted by BC Reg 72/2015, effective May 14, 2015.

Minimum pay when directly employed operator paid per trip works 4 hours

16   If a directly employed operator, paid per trip, performs container trucking services for a licensee for 4 continuous hours or more in one 24-hour period, the licensee must pay the directly employed operator the greater of the following:

(a) $160;

(b) the applicable remuneration owing under section 10 [minimum rates per trip for directly employed operators].

 Section 17 BEFORE re-enacted by BC Reg 72/2015, effective May 14, 2015.

Minimum pay when indirectly employed operator works 4 hours

17   If an indirectly employed operator performs container trucking services for a licensee for 4 continuous hours or more in one 24-hour period, the licensee must pay the indirectly employed operator the difference, if any, between the following:

(a) the greater of the following:

(i) $160;

(ii) the applicable remuneration owing under section 11 [minimum rates per trip for indirectly employed operators] or section 14 [minimum hourly rates for indirectly employed operators];

(b) the amount paid by the independent operator to the indirectly employed operator.

 Section 18 (part) BEFORE amended by BC Reg 72/2015, effective May 14, 2015.

Minimum pay when independent operator works 4 hours

18   If an independent operator performs container trucking services for a licensee for 4 continuous hours or more in one 24-hour period, the licensee must pay the independent operator the greater of the following:

 Section 18 BEFORE renumbered as 18 (1) and (2) was added by BC Reg 92/2018, effective May 4, 2018.

Minimum pay when independent operator is available for 4 hours

18   If an independent operator agrees, at the request of a licensee, to be available to perform container trucking services for 4 or more continuous hours in a 24-hour period, the licensee must pay the independent operator the greater of the following:

(a) $200;

(b) the applicable remuneration owing under section 12 [minimum rates per trip for independent operators] or section 15 [minimum hourly rates for independent operators].

[am. B.C. Reg. 72/2015, s. 10.]

 Section 19 (2) (part) BEFORE amended by BC Reg 72/2015, effective May 14, 2015.

(2) A trucker paid hourly is owed the difference, if any, between the following:

 Section 19 (4) was added by BC Reg 92/2018, effective May 4, 2018.

 Section 25 (d) (part) BEFORE amended by BC Reg 72/2015, effective May 14, 2015.

(d) if the licensee has 40 or more truck tags, an amount calculated in accordance with the following formula:

 Schedule 1, table 1, item 8 BEFORE amended by BC Reg 186/2016, effective July 20, 2016.

8Delta NorthThat part of the Corporation of Delta described as "Delta North" in Corporation of Delta Official Community Plan Bylaw No. 3950H

 Schedule 1, table 2, items F and I BEFORE amended by BC Reg 186/2016, effective July 20, 2016.

F125120120120125100120115115130110115125115130110125115120125125110110125135
I110120125125115115125125100125100115120125140115135115130135130115115135145

 Schedule 1, table 2 BEFORE re-enacted by BC Reg 92/2018, effective May 4, 2018.

Table 2 — Independent Operator Rate per Trip ($)

Column 1
Origin
Area
Column 2
Destination Area
(see Column 3 in Table 1)
 ABCDEFGHIJKLMNOPQRSTUVWXY
A100130135130110125130120110115115110110135145115120120135130125125120140150
B130100120115135120115110120135125120140110120120130120120110115115115115125
C135120100110140120110130125125125130130115115130120120115115120115120110120
D130115110100140120115120125130125130130110115135120120115115120115120110120
E110135140140100125135130115120120125115135150120125125130145140135120145155
F125120120120125100120115115130100115125115130110125115120125125110110125135
G130115110115135120100115125120120125125110120125115115110115120110115115120
H120110130120130115115100125125120120125115125115125120120115110110110120130
I110120125125115115125125100125110115120125140115135115130135130115115135145
J115135125130120130120125125100125120110125135135110130115130135130130130140
K115125125125120100120120110125100110120120135115135110125130125115115130140
L110120130130125115125120115120110100120135120120135110125130125115110135145
M110140130130115125125125120110120120100130140130115130120135140130130135145
N135110115110135115110115125125120135130100120120120115115110115110115115125
O145120115115150130120125140135135120140120100140130130125115120125130110110
P115120130135120110125115115135115120130120140100130120125125120115110130140
Q120130120120125125115125135110135135115120130130100125110125130120125125135
R120120120120125115115120115130110110130115130120125100120120125110115125135
S135120115115130120110120130115125125120115125125110120100120125115120120130
T130110115115145125115115135130130130135110115125125120120100110115120110120
U125115120120140125120110130135125125140115120120130125125110100115115115125
V125115115115135110110110115130115115130110125115120110115115115100110120125
W120115120120120110115110115130115110130115130110125115120120115110100125135
X140115110110145125115120135130130135135115110130125125120110115120125100115
Y150125120120155135120130145140140145145125110140135135130120125125135115100

 Schedule 2, item 8 BEFORE amended by BC Reg 186/2016, effective July 20, 2016.

8Delta North151.20112.00112.00

 Schedule 2 BEFORE re-enacted by BC Reg 92/2018, effective May 4, 2018.

Schedule 2

[am. B.C. Reg. 186/2016, s. 2.]

(section 12 (4))

On-Dock Trip Rates (Independent Operators)

ItemColumn 1
Origin/Destination Area
(same descriptions as in Schedule 1)
Column 2
Rate to or from Centerm or Vanterm
($)
Column 3
Rate to or from Deltaport
($)
Column 4
Rate to or from Fraser Surrey Docks
($)
1Abbotsford196.00196.00179.20
2Annacis Island134.40134.40112.00
3Burnaby North117.60151.20123.20
4Burnaby South123.20151.20117.60
5Chilliwack224.00224.00207.20
6Cloverdale151.20151.20128.80
7Coquitlam128.80151.20123.20
8City of Delta151.20112.00112.00
9Fort Langley/Aldergrove173.60184.80151.20
10Haney/Maple Ridge156.80179.20151.20
11Langley City162.40151.20134.40
12Langley South184.80134.40134.40
13Mission196.00207.20184.80
14New Westminster128.80151.20117.60
15North Vancouver117.60156.80151.20
16Pacific Highway184.80134.40134.40
17Pitt Meadows151.20168.00134.40
18Port Kells151.20162.40123.20
19Port Moody/Port Coquitlam134.40162.40128.80
20Richmond North117.60134.40117.60
21Richmond South123.20123.20117.60
22Surrey North134.40134.40112.00
23Surrey South151.20134.40134.40
24Vancouver112.00151.20134.40
25West Vancouver123.20162.40156.80