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| This archived statute consolidation is current to May 14, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to September 6, 2000]
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Contents |
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Section |
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1 (1) The Ministry of Transportation and Highways is continued.
(2) The minister presides over and is responsible to the Lieutenant Governor in Council for the direction of the ministry.
(3) The minister may establish branches or divisions of the ministry as the minister considers advisable.
2 One or more deputy ministers, a chief architect and other officers and employees required to carry out the ministry's business may be appointed under the Public Service Act.
Part 1 — Transportation
3 In this Part "transport" means a method, manner or means of transportation and, without limiting this definition, includes aircraft, ships, boats and vessels, elevated, surface or subsurface railways or tramways, elevated cable cars, motor vehicles and trailers, all terrain vehicles, hovercraft, and the hoists, cables, rails, rolling stock, pipelines and conduits used in connection with transport.
4 The duties, powers and functions of the minister extend to and include all matters relating to transportation that are assigned to the minister by any Act or by the Lieutenant Governor in Council, and that are not assigned to another minister, ministry, branch or agency of the government.
5 The ministry has the following purpose and functions:
(a) to prepare and develop comprehensive policies on transportation in British Columbia, to make reports and recommendations to the minister on their implementation and to implement them as the minister directs;
(b) to initiate and carry out any investigation, research, study or inventory on transport facilities and future requirements for British Columbia and to collect and circulate the information acquired;
(c) to establish transport services for ministries of the government and, for that purpose, to obtain from them information about programs, projects and requirements in the field of transportation;
(d) to administer Acts and regulations assigned to the minister under section 4 and to discharge other duties assigned to the minister by the Lieutenant Governor in Council.
6 To carry out the minister's duties, powers and functions under this Part, the minister may do one or more of the following:
(a) acquire and dispose of property;
(b) with the approval of the Lieutenant Governor in Council, acquire any business or commercial or industrial enterprise relating to transport;
(c) carry on or operate a business or enterprise acquired under paragraph (b);
(d) grant franchises and licences and enter into charter agreements to operate any ferry service and specify all rights and terms of the franchises and licences and the terms of the charter agreements;
(e) make grants
(i) to a corporation defined in the Company Act, to a municipality or to a regional district that is authorized to carry on a business, enterprise or activity, or to provide a service, relating to transport, or
(ii) to the Greater Vancouver Transportation Authority under the Greater Vancouver Transportation Authority Act;
(f) expend capital sums required for these purposes out of money appropriated by the Legislature for the purpose.
7 For the purpose of section 5 (b), the Lieutenant Governor in Council may, by order, authorize the minister to do one or more of the following:
(a) employ persons necessary to initiate and carry out investigations and inquiries, subject to terms the Lieutenant Governor in Council specifies;
(b) confer on the person the powers, privileges and authority conferred on a commissioner under sections 12, 15 and 16 of the Inquiry Act;
(c) order that an employee or agency of the government or a public officer answer questions and supply information.
8 With the consent of the Lieutenant Governor in Council, the minister may enter arrangements or agreements with Canada, with other provinces or states, or with their departments or agencies, that the minister considers necessary or advisable to carry out the minister's powers and duties under this Part, to exchange information or statistics or for any other joint action under this Part.
9 For the purposes of this Part the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
10 The minister must submit to the Lieutenant Governor in Council an annual report of the work performed by the ministry under this Part, which must be laid before the Legislative Assembly during the session next following the end of the year for which the report is made.
Part 2 — Highways and Public Works
11 In this Part, "government buildings, highways and public works" includes
(a) government buildings and property acquired, constructed, repaired, maintained, altered or improved at government expense;
(b) highways as defined in the Highway Act;
(c) works of public utility;
(d) ferries and ferry landings that are part of the highway system, except those that are
(i) part of British Columbia Ferry Corporation,
(ii) coastal ferries other than those coastal ferries designated by the Lieutenant Governor in Council, and
(iii) part of the regional transportation system as defined in the Greater Vancouver Transportation Authority Act; .
(e) canals, ditches, drains and earthworks required for the construction, repair, maintenance, alteration or improvement of government buildings, highways and public works.
12 The minister has the management, charge and direction of all matters relating to the acquisition, construction, repair, maintenance, alteration, improvement and operation of government buildings, highways and public works, except as provided by law or by order of the Lieutenant Governor in Council.
13 It is the duty of officers in the ministry to do the following as the minister directs:
(a) to prepare maps, plans and estimates for all government buildings, highways and public works which are about to be constructed, altered or repaired by the ministry;
(b) to report on a question relating to government buildings, highways and public works which are submitted to them;
(c) to examine and revise all plans, estimates and recommendations of other officers;
(d) to check and verify all certificates and accounts for government buildings, highways and public works and their repairs;
(e) to generally advise the minister on all architectural and engineering questions affecting government buildings, highways and public works.
14 A copy of a map, plan, correspondence, letter, order, certificate, licence or other document in the ministry, certified by the minister to be a true copy, is evidence of the document.
15 The minister may
(a) lease or accept land, rights, easements or privileges from Canada or from a person, for the use of the ministry, and
(b) make agreements, stipulations or conditions relating to their holding or ownership.
16 (1) The minister may acquire or expropriate any land, stream, water, watercourse, fence or wall, the appropriation of which the minister believes necessary for one or more of the following:
(a) use, construction or maintenance of a government building, highway or public work;
(b) use, construction or maintenance of hydraulic privileges made or created by, from or at a government building, highway or public work;
(c) enlargement or improvement of or obtaining better access to a government building, highway or public work;
(d) establishment of a reserve for protecting animals, birds or fishes;
(e) protection and control of the use of land adjacent to the right of way of a proposed, new or relocated highway, at places and for a depth at right angles to the highway, and for a distance along the highway, the minister considers necessary.
(2) The minister may for the purposes of this section contract with all persons, guardians or trustees, not only for themselves, their personal representatives and assigns, but also for and on behalf of those they represent, whether infants, absentees, mentally disordered or other persons otherwise incapable of contracting, who own or have an interest in the land, stream, water or watercourse.
(3) A contract, conveyance or other instrument made under subsection (2) is valid for all purposes.
17 (1) The minister or an agent of the minister may do one or more of the following:
(a) enter any land and take from it timber, stones, gravel, sand, clay or other materials that the minister or the minister's agent finds necessary to construct, maintain and repair government buildings, highways and public works or other property under the ministry's control;
(b) lay any materials on any land;
(c) construct, take and use any temporary roads to and from the timber, stones, gravel, sand, clay or other materials that may be required by the minister or the minister's agent to conveniently pass to and from the government buildings, highways and public works during their construction and repair;
(d) enter any land for the purpose of making proper drains to carry off water from government buildings, highways and public works or for keeping those drains in repair.
(2) Compensation for the exercise of a power under subsection (1) must be determined by the Expropriation Compensation Board under the Expropriation Act.
18 (1) The minister may discontinue or alter any part of a highway if it interferes with the proper line or site of a government building or public work.
(2) Before exercising the power under subsection (1), the minister must substitute another convenient highway.
(3) The land used for all or part of a highway discontinued under subsection (1) may, with the approval of the Lieutenant Governor in Council,
(a) be transferred by the minister to and become the property of the owner of the land of which it originally formed part, or
(b) be sold, leased or disposed of by public auction or by tender.
(4) The proceeds of a transaction under subsection (3) must be paid into the consolidated revenue fund.
19 (1) If, in respect of a government building, highway or public work, it is necessary to take down or remove a wall, fence or boundary mark of an owner or occupier of adjoining land, or to construct a canal, ditch, drain or earthwork, the minister may do the work that is necessary.
(2) The minister must replace the wall, fence or boundary mark as soon as the necessity for its removal has ceased.
(3) If the wall, fence or boundary mark has been replaced or the canal, ditch, drain or earthwork is completed, the owner or occupier of the land must maintain the wall, fence or boundary mark, canal, ditch, drain or earthwork to the same extent as the owner or occupier might be by law required to do if the wall, fence or boundary mark had never been taken down or removed, or the canal, ditch, drain or earthwork had always existed.
20 The following property remains vested in the government and under the minister's control, unless otherwise provided by law:
(a) streams, watercourses and property acquired for the use of government buildings, highways and public works;
(b) locks, dams, hydraulic and other works for improving the navigation of any water;
(c) hydraulic powers created by the construction of government buildings, highways and public works;
(d) drains, drainage and irrigation works;
(e) property acquired, constructed, repaired, maintained or improved at the expense of the government, and not under the control of Canada.
21 All government buildings, highways and public works constructed or completed at the expense of the government and provided for in this Act must, unless otherwise provided by law, be under the minister's control and subject to this Act.
22 The minister must direct the construction, maintenance and repair of all government buildings, highways and public works in progress, or constructed or maintained at the expense of the government, and which are under the minister's control.
23 (1) The minister must invite tenders by public advertisement, or if that is impracticable, by public notice, for the construction and repair of all government buildings, highways and public works, except for the following:
(a) in case of pressing emergency if delay would be injurious to the public interest;
(b) if from the nature of the work it can be more expeditiously and economically executed by the officers and employees in the ministry;
(c) if the minister determines that an alternative contracting process will result in competitively established costs for the performance of the work.
(2) The minister must cause all tenders received to be opened in public, at a time and place stated in the advertisement or notice.
(3) The prices must be made known at the time the tenders are opened.
(4) In all cases where the minister believes it is not expedient to let the work to the lowest bidder, the minister must report to and obtain the approval of the Lieutenant Governor in Council before passing by the lowest tender, except if delay would be injurious to the public interest.
(5) Subsection (4) does not apply to a case where the minister does not let the work to the lowest bidder because the lowest bidder fails to comply with the Skills Development and Fair Wage Act.
(6) The minister or a person designated by the minister must make available to the public, on request, the value of a contract awarded under subsection (1) (c) and the name of the contractor.
24 (1) If a government building, highway or public work is being carried out by contract, and in all other cases, the minister must take all reasonable care that security is given to the government, and deposited with the Minister of Finance, for performance of the work within the amount and time specified.
(2) Money must not be paid to the contractor or work commenced on a contract until the contract has been signed by all parties named in it and the requisite security given, except as specified above.
(3) On the minister's recommendation, the Lieutenant Governor in Council may release or surrender to the contractor all or part of the security given for the due performance of work.
25 Contracts respecting any government building, highway, public work or property under the minister's control, entered into by the minister or by an authorized person, take effect to the use of the government, and may be enforced as if entered into with the government under the authority of this Act.
26 (1) The minister may contract with any person as may be advisable to carry out this Part, but no deed, contract, document or writing is binding on or is the act of the minister unless signed by the minister and sealed with the ministry seal.
(2) Despite subsection (1), the deed, contract, document or writing may be signed by a person authorized in writing by the minister to do so if it is inconvenient for the minister to sign.
27 (1) In awarding on a claim arising out of a written contract, the arbitrators or umpire must decide in accordance with the contract, and must not award compensation to a claimant on the ground that the claimant expended a larger sum to perform the contract than the amount stipulated in it.
(2) The arbitrators or umpire must not award interest on a sum of money which they consider to be due to the claimant, if there is no written contract stipulating payment of the interest.
(3) A clause in a contract which stipulates a drawback or penalty for failure to perform a condition of the contract, neglect to complete a government building, highway or public work, or to fulfil a covenant or promise in the contract, must not be construed as punitive, but as importing an assessment by mutual consent of the damages caused by the failure or neglect.
28 The Lieutenant Governor in Council may require any person or public officer who has possession of records, specifications, estimates, instruments or models that relate to a government building, highway or public work and are not private property to deliver them without delay to the minister.
29 (1) The minister may require an account sent in by a person employed by the ministry to be attested on oath.
(2) The minister may administer that oath and the oath taken by any witness.
30 (1) The minister may send for and examine on oath any person the minister considers necessary on matters on which the person's action is required under this Part, and may require the person to bring the records and things it may be necessary to examine on the matter.
(2) A person to be examined must be allowed, in addition to the person's reasonable travelling expenses, a sum according to the scale of fees adopted in the Supreme Court.
(3) A person who does not attend to be examined at the minister's summons after due notice commits an offence and is liable on conviction to a fine of not more than $100.
31 The minister must submit to the Lieutenant Governor an annual report of all government buildings, highways and public works under the minister's control, to be laid before the Legislative Assembly within 15 days from the start of each session, showing
(a) the state of, and the amounts received and expended on, each work, and
(b) further information required to enable the Legislative Assembly to judge the work of the ministry.
32 (1) Land no longer required for the use of a government building, highway or public work may
(a) be disposed of by tender or public auction, under the authority of the Lieutenant Governor in Council or under a similar authority, or
(b) be leased or transferred, with or without consideration, to the municipality in which the property is located.
(2) As a limit on subsection (1) (b), a gravel pit must not be leased or transferred to a municipality except on condition that the gravel will be used mainly for municipal purposes.
(3) A lease of property entered into at any time under the authority of the Lieutenant Governor in Council under this Act may be extended or renewed by order in council for a period not longer than 5 years.
(4) The proceeds of all sales, leases and dispositions of property under this section must be accounted for
(a) as part of any special fund out of which the property was purchased or is maintained, or
(b) in other cases as part of the consolidated revenue fund.
(5) Despite subsections (1) and (2), the minister may, on behalf of the government, for the consideration the minister considers appropriate, lease land that is under the minister's control under this Part to one or more of the following:
(a) a board, authority or commission established under an Act;
(b) the BC Transportation Financing Authority under the Build BC Act;
(c) an incorporated society or association that provides a public service;
(d) an incorporated cooperative association or credit union;
(e) a corporation established under an Act of the Legislature or of Canada and of which at least 51% of the voting shares are owned by the government.
(6) Despite subsections (1) and (2), the minister may, on behalf of the government, if the minister considers it in the public interest to do so, lease to any person at current market rates any land that is under the minister's control.
33 All proceedings to enforce a contract, for recovery of damages for breach of contract, or for the trial of a right claimed in any property under the control of the minister, must be instituted in the name of the Attorney General.
34 (1) The Lieutenant Governor in Council may make regulations, either general or particular in their application, permitting, regulating or prohibiting use by the public or by any persons of
(a) any path, lane, passageway or driveway through land belonging to the government leading to or from a government building, highway or public work belonging to the government, whether or not it has been dedicated or established as a public highway, or
(b) the gardens, grounds or areas belonging to or used in connection with a government building, highway or public work belonging to the government.
(2) The Lieutenant Governor in Council may impose penalties for enforcing regulations made under this section.
35 The Lieutenant Governor in Council may make rules for one or more of the following:
(a) the operation and use of ferries and ferry landings;
(b) the carriage of persons and property on ferries under the jurisdiction of the ministry;
(c) the fees and charges for use of the ferries and ferry landings.
36 In sections 37 to 43, "corporation" means a corporation incorporated under the authority of section 37.
37 (1) With the approval of the Lieutenant Governor in Council, the minister may incorporate a company under the Company Act to carry out any of the objects set out in section 38.
(2) With the approval of the Lieutenant Governor in Council, the minister may incorporate additional corporations under the Company Act, or an Act of Canada, another province, the United States of America or a state of the United States of America to engage in any other business necessary or incidental to the operation of a shipping or ferry service.
(3) The corporation is for all purposes an agent of the government, but it may on behalf of the government carry out its powers and duties in its own corporate name.
38 The objects of a corporation incorporated under section 37 (1) may be one or more of the following:
(a) to acquire, administer, maintain and dispose of land, a ship or a motor vessel, and to operate the ship or motor vessel for shipping, ferry and related purposes;
(b) to undertake planning, development and management of Crown land, a ship or a motor vessel that, in the minister's opinion, will yield to British Columbia optimum economic and social benefits;
(c) to engage in any other business necessary or incidental to the operation of a shipping or ferry service or relating to the property acquired or used in connection with it;
(d) for the purposes of this section, to enter agreements with, or accept grants or fees for services from, persons, municipalities or regional districts, Canada, another province, the United States of America or a state of the United States of America, or any of their agencies;
(e) to do anything necessary to operate a ferry and shipping service or to comply with the law of Canada, a province, the United States of America or a state of the United States of America, or any of their departments or agencies, respecting the operation of a ferry or shipping service and related services;
(f) to engage in the business of preparing, printing, distributing and selling maps, charts, mapping services, publications or photographs to other ministries of the government, Crown corporations or the public;
(g) to expend capital sums required for the purposes of this section from its own funds or out of money appropriated by the Legislature or authorized under the Financial Administration Act for those purposes;
(h) to prepare or present displays, exhibitions or conferences relating to the planning, use, development and management of land or the operation of a ferry or shipping service.
39 (1) If the minister incorporates a corporation under the Company Act, all of the following provisions apply:
(a) the minister must determine the authorized capital and the par value of its shares, if any;
(b) the issued capital stock must be issued to and registered in the name of the minister or the minister's nominee on behalf of the government;
(c) the Lieutenant Governor in Council may order that certain provisions of the Company Act do not apply to the corporation.
(2) If the minister applies to incorporate a corporation other than under the Company Act or another Act, all of the following provisions apply:
(a) the minister must determine the authorized capital and the par value of its shares, if any;
(b) the issued capital stock must be issued to and registered in the name of the minister or the minister's nominee on behalf of the government;
(c) the minister may apply to restrict the objects or businesses in the memorandum of association or application for incorporation to objects or businesses relating to the acquisition and operation of a ferry or shipping service;
(d) the minister may determine any matter required to complete an application to incorporate a corporation under any Act or law.
40 (1) If the minister incorporates a corporation for any purpose in sections 37 to 43, unless the law of Canada, a province, the United States of America or a state of the United States of America otherwise requires, the directors of the corporation
(a) must not exceed 5, and
(b) may be members of the Legislative Assembly or of the public service under the Public Service Act.
(2) A director who is a member of the Legislative Assembly or the public service may not accept payment from a corporation.
(3) A corporation may borrow money in an aggregate outstanding amount not exceeding $250 000 without the approval of the Legislature or the Lieutenant Governor in Council, and in addition, may borrow money in an aggregate outstanding amount not exceeding $10 million with the approval of the Legislature or the Lieutenant Governor in Council.
(4) A director who votes in favour of a bylaw authorizing the corporation to borrow in contravention of subsection (3) commits an offence.
(5) The board of directors may, by resolution, delegate any of their powers or the powers of the corporation under this section to any director or officer of the corporation.
(6) A resolution under this section approved by the required number of directors by telex, telegraph, telephone or any other similar means of communication confirmed in writing or other graphic communication, is as valid as if it had been passed at a meeting of the directors properly called and constituted.
(7) The notes, bonds, debentures and other securities must bear the seal of the corporation and, together with any coupons attached, must bear the signatures in writing of
(a) the chair and another director or officer, or
(b) other directors or officers as the corporation may determine.
(8) Mechanically reproduced signatures under subsection (7) are for all purposes valid and binding on the corporation, even though the person whose signature is reproduced has ceased to hold office before the date of the security or before its issue.
41 (1) The Ferry Act, Public Service Act and Public Service Labour Relations Act do not apply to officers and employees of a corporation.
(2) [Repealed 1999-44-87.]
(3) The money and revenues received by a corporation must be used and dealt with for the purposes of the corporation, but any dividends declared by the directors of the corporation are payable to the consolidated revenue fund.
(4) If there is a conflict or inconsistency between the Company Act and this Act respecting a corporation, this Act prevails.
(5) Unless otherwise provided by a bylaw of a corporation, its fiscal year is a period ending on March 31 in each year.
(6) At least once in each year the Comptroller General or an auditor designated by the Lieutenant Governor in Council must audit the books and accounts of a corporation and report to the minister and to the corporation.
(7) A corporation must report to the minister on its affairs and business when the minister considers necessary, and must report annually to the minister, for the immediately preceding fiscal year, on the affairs and business of the corporation and on the financial condition of the corporation.
(8) The minister must lay a report under subsection (7) before the Legislative Assembly if it is then sitting, and if it is not sitting, within 15 days after the first session in the following calendar year begins.
42 (1) The Lieutenant Governor in Council may do one or more of the following:
(a) on behalf of the government, purchase shares in corporations for an amount not exceeding, in the aggregate for all corporations, $4 million;
(b) advance money to the corporation on the terms and conditions the Lieutenant Governor in Council approves;
(c) make temporary loans to the corporation on security, terms and conditions the Lieutenant Governor in Council approves;
(d) guarantee on behalf of the government the repayment of principal and interest and the performance of an obligation for the payment of money under a security, loan or other obligation for the payment of money;
(e) make grants to a corporation to carry out programs and projects relating to land planning, development and use, Crown land development and disposition, or any purpose for which the corporation is incorporated under this section;
(f) pay to a corporation fees for services rendered to the government, a ministry of government or a Crown corporation.
(2) The amount of money borrowed by a corporation under subsection (1) (b) or (c) or from other sources must not exceed the amount set out in section 40 (3).
(3) The form, extent and manner of the guarantee must be as the Lieutenant Governor in Council approves and it must be signed by the Minister of Finance or an officer designated by the Lieutenant Governor in Council.
43 The Minister of Transportation and Highways must exercise the powers and duties in sections 37 to 42 relating to shipping, ferry and related services, and this section applies in all respects to the corporations incorporated as British Columbia Steamship Company (1975) Limited and British Columbia Steamship Company, Inc.
Part 3 — Coquihalla Highway Administration
44 In this Part:
"highway" means the Coquihalla Highway;
"vehicle" means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks.
45 The government may establish a system of tolls to be paid in respect of the use of vehicles on the highway.
46 (1) If, under the regulations, a toll station has been established on the highway, a person must not take or operate a vehicle, other than a vehicle exempted from this Part, through the toll station without paying the toll prescribed for the vehicle.
(2) Subsection (1) does not apply to a vehicle exempted from this Part.
(3) A person who contravenes subsection (1) commits an offence.
47 (1) For the purposes of this Part 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 for this Part as follows:
(a) authorizing the minister to establish on the highway, at places the Lieutenant Governor in Council prescribes, stations for the collection of tolls;
(b) prescribing the toll to be paid for any vehicle or class of vehicle passing through a toll station;
(c) providing for the manner of collection of tolls;
(d) prescribing classes of vehicles for the purposes of this Part;
(e) exempting any class of vehicle from this Part;
(f) respecting the management of the highway;
(g) respecting any matter considered necessary or advisable to carry out effectively the intent and purpose of this Part.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada