Definition

1  In this Act, "ferry" means a ferry under the control of the Legislature but does not include a ferry to which the Coastal Ferry Act applies.

 Application of Act

2  Nothing in this Act

(a) extends to the owner or master of a vessel

(i)  plying between 2 ports in British Columbia, or

(ii)  regularly entered or cleared by officers under the Customs Act (Canada) at a port in British Columbia, or

(b) affects a privilege granted by the Parliament of Canada, or by the Legislature of British Columbia, to the proprietor of a bridge, railway or other company, in respect of a ferry.

 Power to grant ferry licence

3  The Lieutenant Governor in Council may, by order, establish and grant a charter or licence for any ferry in British Columbia.

 Public competition for charter, licence or renewal

4  (1)  Before a ferry is established or becomes vacant, the minister must submit the charter, licence or renewal of licence for the ferry to public competition by publishing a notice of the time and place at which tenders will be received for the charter, licence or renewal of licence.

(2)  The notice must be published in the Gazette and in one or more newspapers published or circulating in the locality in which the ferry is or is to be located or operated, or ought to be operated.

(3)  The minister must report the result of the competition to the Lieutenant Governor in Council.

(4)  The Lieutenant Governor in Council may grant the charter, licence or its renewal.

 Power to grant charter or licence

5  No charter or licence in respect of any ferry may be granted except

(a) under the Great Seal,

(b) by order of the Lieutenant Governor in Council, and

(c) after public competition.

 Term and assignment of licence

6  (1)  A ferry licence or a renewal of a ferry licence may be granted for a period of not more than 10 years and may contain provisions for the renewal of the licence to the holder for a similar period, subject to the conditions the Lieutenant Governor in Council may specify, including conditions as to satisfactory service.

(2)  With the consent of the minister, a ferry licence or a renewal of a ferry licence granted under this Act may be assigned to a person who undertakes, in a manner satisfactory to the minister, to operate the ferry in accordance with the licence.

 Inquiries

7  (1)  If reasonable grounds are shown to the minister, the minister or by a person specially appointed in writing by the minister for that purpose, may hold an inquiry respecting any matter connected with a ferry or ferry charter or licence.

(2)  For the inquiry, the minister or person appointed has the same power as a court of law in civil cases to do any or all of the following:

(a) to summon any party or witnesses;

(b) to enforce their attendance;

(c) to require them to give evidence under oath, whether orally or in writing;

(d) to produce documents and things required for the full investigation of the matter.

 Offence and penalty

8  (1)  A person who interferes with the rights of a chartered or licensed ferry operator by conveying passengers or goods for hire or profit, with intention to lessen the tolls or revenue of a ferry within the limits assigned to the ferry operator by any charter or licence is liable on conviction to a penalty of not more than $100.

(2)  A person who, without lawful authority, interferes with, obstructs or impedes the operation of, takes charge of or operates any of the following is liable on conviction to a penalty of not more than $100:

(a) a ferry that is chartered or licensed under this Act,

(b) a vessel, landing or appliance used or maintained for the purpose of a ferry that is chartered or licensed under this Act,

(c) a ferry that is owned or operated by the government, or

(d) a vessel, landing or appliance used or maintained for the purpose of a ferry that is owned or operated by the government.

 Recovery of penalties

9  (1)  A penalty imposed by this Act, or by any regulation under this Act, is recoverable on conviction, on the oath of a credible witness other than the informer.

(2)  One half of every penalty under subsection (1) must be paid to the informer, and the other half belongs to the government.

 Power to make regulations

10  (1)  The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2)  Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) defining the manner in which, the conditions under which and the period for which a licence may be granted in respect of a ferry;

(b) requiring a duty or sum to be paid for a licence;

(c) prescribing tolls or rates for carrying persons and property on a ferry;

(d) prescribing schedules of ferry departures or arrivals;

(e) prescribing special tolls or rates for through traffic, by way of a joint tariff or otherwise, at which persons and property are to be carried over any ferry as part of a continuous route in connection with the traffic facilities or lines operated by any steam railway company, tramway or electric railway company;

(f) prescribing the period during which the special tolls or rates apply;

(g) enforcing the payment of those tolls or rates by the persons carried, or for whom chattels are carried, over the ferries;

(h) for annulling and declaring the forfeiture of any ferry licence

(i)  if any of its conditions is not fulfilled, or

(ii)  if the licence is obtained by fraud, misrepresentation, or error;

(i) imposing penalties, of $10 or less in any case, for the contravention of these regulations.

(3)  A regulation under subsection (2) (c) may prescribe different tolls or rates for different classes of persons.

 Publication of regulations

11  The minister must publish all regulations in the Gazette at least 3 times during the 3 months following their date.