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Volume 61, No. 9

92/2018

The British Columbia Gazette,

Part II

May 8, 2018

B.C. Reg. 92/2018 , deposited May 4, 2018, under the CONTAINER TRUCKING ACT [section 22 (1)]. Order in Council 223/2018, approved and ordered May 4, 2018.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Container Trucking Regulation, B.C. Reg. 248/2014, is amended as set out in the attached Appendix.

— C. TREVENA, Minister of Transportation and Infrastructure ; K. CONROY, Presiding Member of the Executive Council .

Appendix

Section 13 of the Container Trucking Regulation, B.C. Reg. 248/2014, is amended

(

a) in subsection (1) by striking out “ A licensee ” and substituting “ Before June 1, 2018, a licensee ”,

(

b) in subsection (2) by striking out “ This

section applies whether the hours of container trucking services referred to in subsection (1) (

a) or (b) ” and substituting “ Subsection (1) applies whether the hours of container trucking services referred to in that subsection ”, and

(

c) by adding the following subsections:

(3) On and after June 1, 2018, a licensee must pay a directly employed operator an amount equal to or greater than

(a) $25.78 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) $26.96 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.

(4) Subsection (3) applies whether or not the hours of container trucking services referred to in that subsection were performed on behalf of the licensee.

Section 14 is amended

(

a) in subsection (2) by striking out “ The licensee ” and substituting “ Before June 1, 2018, a licensee ”,

(

b) in subsection (3) by striking out “ This

section applies whether the hours of container trucking services referred to in subsection (2) (

a) or (b) ” and substituting “ Subsection (2) applies whether the hours of container trucking services referred to in that subsection ”, and

(

c) by adding the following subsections:

(4) On and after June 1, 2018, a 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) an amount equal to whichever one of the following applies:

(i) $25.78 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) $26.96 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.

(5) Subsection (4) applies whether or not the hours of container trucking services referred to in that subsection were performed on behalf of the licensee.

Section 15 is amended

(

a) in subsection (1) by striking out “ If a licensee ” and substituting “ Before June 1, 2018, if a licensee ”,

(

b) in subsection (2) by striking out “ This

section applies whether the hours of container trucking services referred to in subsection (1) (

a) or (b) ” and substituting “ Subsection (1) applies whether the hours of container trucking services referred to in that subsection ”, and

(

c) by adding the following subsections:

(2.1) On and after June 1, 2018, 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

(a) $51.43 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) $ 52.61 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.

(2.2) Subsection (2.1) applies whether or not the hours of container trucking services referred to in that subsection were performed on behalf of the licensee.

Section 18 is amended

(

a) by renumbering the

section as

section 18 (1),

(

b) in subsection (1) by striking out “ pay the independent operator the greater of ” and substituting “ pay the independent operator, for container trucking services performed before June 1, 2018, the greater of ”,

(

c) in subsection (1) (

b) by striking out “ or

section 15 ” and substituting “ or 15 ”, and

(

d) by adding the following subsection:

(2) 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, for container trucking services performed on and after June 1, 2018, the greater of the following:

(a) $300;

(

b) the applicable remuneration owing under

section 12 or

Section 19 is amended by adding the following subsection:

(4) For the purposes of subsections (2) and (3), the amounts of any increases made on or after June 1, 2018 to the rates payable under sections 12 to 15 are payable to truckers only as of June 1, 2018.

6 Table 2 of

Schedule 1 is repealed and the following substituted:

Table 2 – Independent Operator Rate per Trip ($)

Schedule 2 is repealed and the following substituted:

Schedule 2

(section 12 (4))

On-Dock Trip Rates (Independent Operators)

Item

Column 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

($)

Abbotsford

201.10

201.10

183.90

Annacis Island

137.90

137.90

114.90

Burnaby North

120.70

155.10

126.40

Burnaby South

126.40

155.10

120.70

Chilliwack

229.80

229.80

212.60

Cloverdale

155.10

155.10

132.20

Coquitlam

132.20

155.10

126.40

City of Delta

155.10

114.90

114.90

Fort Langley/Aldergrove

178.10

189.60

155.10

Haney/Maple Ridge

160.90

183.90

155.10

Langley City

166.60

155.10

137.90

Langley South

189.60

137.90

137.90

Mission

201.10

212.60

189.60

New Westminster

132.20

155.10

120.70

North Vancouver

120.70

160.90

155.10

Pacific Highway

189.60

137.90

137.90

Pitt Meadows

155.10

172.40

137.90

Port Kells

155.10

166.60

126.40

Port Moody/Port Coquitlam

137.90

166.60

132.20

Richmond North

120.70

137.90

120.70

Richmond South

126.40

126.40

120.70

Surrey North

137.90

137.90

114.90

Surrey South

155.10

137.90

137.90

Vancouver

114.90

155.10

137.90

West Vancouver

126.40

166.60

160.90

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