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B.C. Reg. 30/91
O.C. 102/91
Deposited February 1, 1991
This consolidation is current to November 13, 2018.
Link to consolidated regulation (PDF)
Link to Point in Time

British Columbia Transit Act

British Columbia Transit Regulation

[includes amendments up to B.C. Reg. 63/2018, March 28, 2018]

Contents
Part 1
1Interpretation
2Sharing of cost — Victoria regional transit service 2018
3-3.3Repealed
4Repealed
5-6Repealed
7Repealed
7.1Repealed
8-9Repealed
9.1Repealed
10Annual operating agreement
11Custom transit service — eligibility
12Application of Company Act
13Variable tax rate relationships
14Exemption from taxation
15Repealed
16Repealed
17Instalment of taxes
Part 2 — Alternative Funding Arrangements
18Repealed

Part 1

Interpretation

1   In this regulation:

"Act" means the British Columbia Transit Act;

"conventional transit service" means services and facilities operated by or for a public passenger transportation system to transport persons on specified routes at scheduled times using public streets or thoroughfares, and that portion of custom transit service operated to transport persons who are not designated under section 11, but does not include rapid transit service;

"custom transit service" means service and facilities operated or provided by or for a public passenger transportation system to transport any person designated under section 11 by pre-arrangement between the operator of the service and such person without limitation by route or scheduled time, and includes, for the purposes of a public passenger transportation system to which section 11 (1) of the Act applies, that portion of conventional transit service used to transport by pre-arrangement any person designated under section 11.

[am. B.C. Regs. 89/99, s. 1; 189/2015, s. (a).]

Sharing of cost — Victoria regional transit service 2018

2   (1) In this section, "lease fees" means charges payable by the regional transit commission to the authority, in relation to a tangible capital asset acquired in connection with the provision of transit services in the Victoria regional transit region, that represent, as applicable,

(a) the regional transit commission's fee for use of the asset, including for the costs of acquisition, construction, development and betterment of the asset and the costs of installing the asset at the location and in the condition necessary for its intended use,

(b) debt financing and risk related charges or costs payable in relation to the cost of the commission's use of the asset,

(c) payment into the reserve fund referred to in section 10 (1) (i), and

(d) amounts sufficient for the authority to recover all of its other costs relating to the asset, including, but not limited to, taxes and administrative charges.

(2) The classes of expenses to be taken into account in determining the annual cost of providing transit services in the Victoria regional transit service area are the following:

(a) for conventional transit service, the operating costs incurred in providing conventional transit service within the regional transit service area;

(b) for custom transit service, the operating costs incurred in providing custom transit service within the regional transit service area, including the amount paid by the authority to redeem taxi saver coupons issued under the Taxi Saver Program after deducting from that amount the amount realized from the sale of those coupons;

(c) lease fees.

(3) During the fiscal year beginning April 1, 2018, for transit services in the Victoria regional transit service area,

(a) the regional transit commission must contribute 62.6%, the authority must contribute 29.1% and the regional transit commission and the authority must jointly contribute from the operating reserve referred to in section 10 (1) (j) 8.3% of the amounts required to defray the classes of expenses described subsection (2) (a) of this section,

(b) the regional transit commission must contribute 36.0%, the authority must contribute 61.1% and the regional transit commission and the authority must jointly contribute from the operating reserve referred to in section 10 (1) (j) 2.9% of the amounts required to defray the classes of expenses described subsection (2) (b) of this section, and

(c) the regional transit commission must contribute 100% and the authority must contribute 0% of the amounts required to defray lease fees.

[en. B.C. Reg. 63/2018.]

Repealed

3-3.3   Repealed. [B.C. Reg. 89/99, s. 4.]

Repealed

4   Repealed. [B.C. Reg. 189/2015, s. (b).]

Repealed

5-6   Repealed. [B.C. Reg. 346/2003, s. 4.]

Repealed

7   Repealed. [B.C. Reg. 189/2015, s. (b).]

Repealed

7.1   Repealed. [B.C. Reg. 89/99, s. 4.]

Repealed

8-9   Repealed. [B.C. Reg. 189/2015, s. (b).]

Repealed

9.1   Repealed. [B.C. Reg. 53/2017, Sch. s. 1.]

Annual operating agreement

10   (1) The annual operating agreement shall include provisions respecting the following matters:

(a) annual operating and capital budgets of the public passenger transportation system;

(a.1) annual lease budgets for revenue equipment and other assets owned or leased by the authority;

(b) operating procedures;

(c) financial and service audits;

(d) claims, actions and legal liability;

(e) procedures for settlement of disputes between the parties;

(f) service specifications, including a tariff;

(g) commencement, termination, renewal and amendment of the agreement;

(h) reinstatement and recovery of assets owned or leased by the authority;

(i) a general reserve for preventative maintenance and major repair of assets owned or leased by the authority;

(j) an operating reserve;

(k) proportionate administrative charges of the local government;

(l) a method for determining the amount of the annual operating costs of the authority;

(m) capital amortization.

(2) Repealed. [B.C. Reg. 189/2015, s. (b).]

[am. B.C. Reg. 189/2015, ss. (b) and (c).]

Custom transit service — eligibility

11   The following persons are designated as eligible for custom transit service:

(a) persons with disabilities as defined under the Disability Benefit Programs Act;

(b) persons who have a disability, either permanent or temporary, confirmed by a medical practitioner, that is sufficiently severe that the person is physically unable without assistance to use conventional transit service.

Application of Company Act

12   Section 128 of the Company Act applies to British Columbia Transit.

Variable tax rate relationships

13   (1) Subject to subsection (1.1), where a municipality or regional transit commission imposes or prescribes taxes under sections 14 (1) or 15 (2) of the Act, the relationships between tax rates on each property class to the rate on Class 1 shall be the relationships shown in the following schedule:

SCHEDULE
Class of Property Ratio to Class 1 Rate
1 1.0 : 1
2 3.5 : 1
3 1.0 : 1
4 3.4 : 1
5 3.4 : 1
6 2.45 : 1
7 3.0 : 1
8 1.0 : 1
9 1.0 : 1

(1.1) Where the Victoria regional transit commission imposes or prescribes taxes under section 15 (2) of the Act, the relationships between tax rates on each property class to the rate on Class 1 shall be the relationships shown in the following Schedule:

SCHEDULE
Class of Property Ratio to Class 1 Rate
1 1.0 : 1
2 5.4 : 1
3 1.0 : 1
4 5.4 : 1
5 5.4 : 1
6 5.4 : 1
7 5.4 : 1
8 1.0 : 1
9 1.0 : 1

(2) Repealed. [B.C. Reg. 53/2017, Sch. s. 2.]

[am. B.C. Regs. 94/94, s. 4; 79/98; 336/2008, Sch. 1; 53/2017, Sch. s. 2.]

Exemption from taxation

14   (1) A person specified in subsection (2) (a) is exempt from liability under the Act, the Assessment Authority Act, the School Act, the Hospital District Act, the Municipal Finance Authority Act, the Local Government Act and the Vancouver Charter for taxation of lands and improvements designated in subsection (2) (b).

(2) For the purposes of subsection (1),

(a) the following persons are specified:

(i) the authority;

(ii) the British Columbia Parkway Society;

(iii) a person whose property is occupied by the authority for the purpose of the construction, acquisition or operation of a commuter rail system or the A.L.R.T. system;

(iv) the South Coast British Columbia Transportation Authority;

(v) the BC Transportation Financing Authority, and

(b) land and improvements are designated as owned or used by a person referred to in paragraph (a) for the purpose of the construction, acquisition or operation of a commuter rail service or the A.L.R.T. system if the land and improvements are classified as class 2 property under section 19 (14) of the Assessment Act and

(i) consist of commuter rail stations, parking lots, commuter rail lay-over trackage, wayside electrical power substations and passenger access facilities constructed or acquired by the authority for, and operated for the authority under an operating agreement as an integral part of, a commuter rail system, or

(ii) are owned, used or maintained by the authority or the BC Transportation Financing Authority for the purpose of the construction, acquisition or operation of the A.L.R.T. system, or are maintained by the British Columbia Parkway Society on behalf of the authority or the BC Transportation Financing Authority, including land and improvements within the A.L.R.T. system which the authority or the BC Transportation Financing Authority makes accessible for public recreational uses.

(3) In this section:

"A.L.R.T. system" means the rail transit system known as the Advanced Light Rapid Transit system, including the Rapid Transit Project defined in section 1 (1) of the South Coast British Columbia Transportation Authority Act;

"land and improvements" does not include

(a) land and improvements leased or subleased to a person other than a person referred to in subsection (2) (a),

(b) bus loops, and

(c) the maintenance centres of the A.L.R.T. system, other than the guideway.

[am. B.C. Regs. 525/95; 90/99; 123/99; 53/2017, Sch. s. 3.]

Repealed

15   Repealed. [B.C. Reg. 189/2015, s. (b).]

Repealed

16   Repealed. [B.C. Reg. 53/2017, Sch. s. 4.]

Instalment of taxes

17   For the purposes of section 16 (2) (a) of the Act, if taxes are collected under section 15 of the Act, the municipality or the Surveyor of Taxes collecting those taxes must, on or before the 15th day of each calendar month, pay to the authority all of those taxes collected by the municipality or the Surveyor of Taxes, as the case may be, during the preceding calendar month.

[en. B.C. Reg. 53/2017, Sch. s. 5.]

Part 2 — Alternative Funding Arrangements

Repealed

18   Repealed. [B.C. Reg. 189/2015, s. (b).]

[Provisions relevant to the enactment of this regulation: British Columbia Transit Act, R.S.B.C. 1996, c. 38, ss. 1, 2, 11, 13, 16 (2), 18 (3), 26 and 32.]