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B.C. Reg. 30/91
O.C. 102/91
Deposited February 1, 1991

British Columbia Transit Act

British Columbia Transit Regulation

Note: Check the Cumulative Regulation Bulletin 2015 and 2016
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 189/2015, October 13, 2015]

Link to Point in Time

Contents
Part 1
 1Interpretation
 2Repealed
 3 to 3.3Repealed
 4Repealed
 5 and 6Repealed
 7Repealed
 7.1Repealed
 8 and 9Repealed
 9.1Annual cost determination — commuter rail service
 10Annual operating agreement
 11Custom transit service — eligibility
 12Application of Company Act
 13Variable tax rate relationships
 14Exemption from taxation
 15Repealed
 16Deficiency interest
 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).]

Repealed

2  Repealed.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

Repealed

3 to 3.3  Repealed.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

Repealed

4  Repealed.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

Repealed

5 and 6  Repealed.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Repealed

7  Repealed.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Repealed

7.1  Repealed.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Repealed

8 and 9  Repealed.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

Annual cost determination — commuter rail service

9.1  (1) In this section, "operating costs" has the same meaning as in the operating agreement pertaining to the commuter rail service.

(2) The classes of expenditures which shall be taken into account under section 13 of the Act in determining the annual cost of a commuter rail service provided in part in a municipality and in part within a regional transit service area are the operating costs incurred in providing that commuter rail service.

[en. B.C. Reg. 423/95, s. 2.]

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) Where a municipality or regional transit commission imposes or prescribes taxes under section 17 (15) of the Act, the relationships between tax rates on each property class to the rate on Class 6 shall be the relationships shown in the following schedule:

SCHEDULE
Class of Property   Ratio to Class 1 Rate
2   1.43 : 1
4   1.39 : 1
5   1.39 : 1
6   1 : 1

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

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 Municipal 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 Greater Vancouver Transportation Authority;

(v)   Rapid Transit Project 2000 Ltd, 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 Rapid Transit Project 2000 Ltd. 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 Rapid Transit Project 2000 Ltd., including land and improvements within the A.L.R.T. system which the authority or the Rapid Transit Project 2000 Ltd. 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 Greater Vancouver 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.]

Repealed

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

Deficiency interest

16  For the purposes of section 11.11 (3) (b)1 of the Act, interest shall accrue on the deficiency at the rate of 6.45% per annum.

[en. B.C. Reg. 192/93.]

Instalment of taxes

17  For the purposes of section 16 (2) (a) of the Act, where taxes are collected under section 15 or 17 (15) of the Act, the municipality or the Surveyor of Taxes collecting those taxes shall, 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. 185/94, s. 2.]

Part 2 — Alternative Funding Arrangements

Repealed

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

1.When this section was enacted, it referred to section 11.11 (3) (b) of the British Columbia Transit Act, R.S.B.C. 1979, c. 421.

[Provisions relevant to the enactment of this regulation: British Columbia Transit Act, R.S.B.C. 1996, c. 38, sections 1, 2, 11, 12, 13, 16 (2) (a), 18 (3), 26 and 32]