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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
Section 14 May 14, 2015
Section 15 May 14, 2015
Section 16 May 14, 2015
Section 17 May 14, 2015
Section 18 May 14, 2015
Section 19 May 14, 2015
Section 25 May 14, 2015
Schedule 1 July 20, 2016
July 20, 2016
Schedule 2 July 20, 2016

 Section 1 BEFORE amended by BC Reg B.C. 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 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 B.C. 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 B.C. 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 B.C. 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 B.C. 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 B.C. 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 BEFORE amended by BC Reg B.C. Reg. 72/2015 effective May 14, 2015.

Minimum hourly rates for directly employed operators

13  (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

(a) $25.13 per hour, inclusive of benefits, if the directly employed operator has performed less than 2 340 hours of container trucking services on behalf of any licensee; or

(b) $26.28 per hour, inclusive of benefits, if the directly employed 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 14 BEFORE amended by BC Reg B.C. Reg. 72/2015 effective May 14, 2015.

Minimum hourly rates for indirectly employed operators

14  (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.

(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;

(b) whichever one of the following applies:

(i) $25.13 per hour, inclusive of benefits, if the indirectly employed operator has performed less than 2 340 hours of container trucking services on behalf of any licensee;

(ii) $26.28 per hour, inclusive of benefits, if the indirectly employed operator has performed 2 340 or more hours of container trucking services on behalf of any licensee.

(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 15 (1) and (2) BEFORE amended by BC Reg B.C. 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 16 BEFORE amended by BC Reg B.C. 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 amended by BC Reg B.C. 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 BEFORE amended by BC Reg B.C. 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:

(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].

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

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

(a) the amount the trucker would have been paid for container trucking services performed on behalf of the licensee on or after April 3, 2014 if this regulation had been in force on the date the container trucking services were performed;

(b) the amount the trucker was in fact paid for the container trucking services, not including amounts the trucker was paid as a fuel surcharge.

 Section 25 (d) BEFORE amended by BC Reg B.C. 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:

$250 000 +(A – 20)x $125 000

10
where:
A = the number of truck tags held by the licensee, rounded up to the next multiple of 10.

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

8Delta North151.20112.00112.00