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B.C. Reg. 30/91 |
Deposited February 1, 1991 |
| This archived regulation consolidation is current to December 3, 2004 and includes changes enacted and in force by that date. For the most current information, click here. |
British Columbia Transit Act
[includes amendments up to B.C. Reg. 250/2004]
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Contents |
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| Part 1 | ||
1 In this regulation:
"Act" means the British Columbia Transit Act;
"annual lease fee" means an amount determined in accordance with section 15 and charged annually in respect of revenue equipment and other physical assets acquired by lease or otherwise;
"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. Reg. 89/99, s. 1.]
2 During a year commencing on April 1, for transit services in the Victoria regional transit service area,
(a) the regional transit commission must contribute 68.52% and the authority must contribute 31.48% of the amounts required to defray the classes of expenses described in section 9 (1) (a),
(b) the regional transit commission must contribute 37.0% and the authority must contribute 63.0% of the amounts required to defray the classes of expenses described in section 9 (1) (b), and
(c) the regional transit commission must contribute 100% and the authority must contribute 0.00% of the amounts required to defray the classes of expenses described in section 9 (1) (d).
[en. B.C. Reg. 122/93; am. B.C. Regs. 94/94, s. 89/99, s. 2; 346/2003, s. 2; 122/2004.]
3 to 3.3 Repealed. [B.C. Reg. 89/99, s. 4.]
4 Subject to Part 2, the portion of the annual cost of providing transit service that shall be contributed by a municipality and the authority for providing transit service under an annual operating agreement are set out in section 7.
[am. B.C. Reg. 346/2003, s. 3.]
5 and 6 Repealed. [B.C. Reg. 346/2003, s. 4.]
7 Subject to Part 2, during each year of a transit service agreement,
(a) the municipality shall contribute 53.31% and the authority shall contribute 46.69% of the amounts required to defray the classes of expenses prescribed in section 8 (1) (a), and
(b) the municipality shall contribute 33.31% and the authority shall contribute 66.69% of the amounts required to defray the classes of expenses prescribed in section 8 (1) (b).
[am. B.C. Regs. 89/99, ss. 2 and 3; 346/2003, s. 5.]
7.1 Repealed. [B.C. Reg. 89/99, s. 4.]
8 (1) The classes of expenses which shall be taken into account in determining the annual cost of providing the transit services under section 11 (2) (a) of the Act are:
(a) for conventional transit service:
(i) the operating costs incurred in providing conventional transit service;
(ii) the amount of any annual lease fee and any amount required to amortize all capital expenditures, including interest accrued during construction, incurred for fixed assets accepted for conventional transit services;
(iii) the amount of the municipal administration charge not exceeding 2% of the direct operating costs payable under an annual operating agreement;
(iv) an amount of the annual operating costs of the authority not exceeding 8% of the direct operating costs payable under an annual operating agreement;
(b) for custom transit service:
(i) the operating costs incurred in providing custom transit service, 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;
(ii) the amount of any annual lease fee and any amount required to amortize all capital expenditures, including interest accrued during construction, incurred for fixed assets accepted for custom transit service;
(iii) the amount of the municipal administration charge not exceeding 2% of the direct operating costs payable under an annual operating agreement;
(iv) an amount of the annual operating costs of the authority not exceeding 8% of the direct operating costs payable under an annual operating agreement.
(2) In addition to the classes of expenses referred to in subsection (1), the costs of and related to servicing debt incurred by each of the authority and the Province for the purpose of acquiring assets to be used in the operation of the public passenger transportation system constitutes a class of expenses that must be taken into account in determining the annual cost of providing the transit service under section 11 of the Act, and the municipality shall contribute that percentage of the amounts required to defray that class of expenses that, under section 7, is the percentage applicable to the capital expenditure in relation to which the debt was incurred.
[am. B.C. Regs. 1/96, s. 1; 89/99, ss. 2 and 5; 346/2003, s. 6.]
9 (1) The classes of expenses which shall be taken into account in determining the annual cost of providing transit services under section 12 (2) (a) of the Act are:
(a) for conventional transit service:
(i) the operating costs incurred in providing conventional transit service within the regional transit service area;
(ii) the amount of any annual lease fee and any amount required to amortize all capital expenditures, including interest accrued during construction, incurred for fixed assets accepted for conventional transit service within the regional transit service area;
(iii) the annual operating costs of the authority, and any annual lease fee and any amount required to amortize capital expenditures, including interest during construction, incurred for fixed assets acquired for the operation of the authority;
(b) for custom transit service:
(i) 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;
(ii) the amount of any annual lease fee and any amount required to amortize all capital expenditures, including interest accrued during construction, incurred for fixed assets accepted for custom transit service within the regional transit service area;
(c) Repealed. [B.C. Reg. 89/99, s. 4.]
(d) for a transit service prescribed for a regional transit service area in a regulation made by the applicable regional transit commission and approved by order of the Lieutenant Governor in Council:
(i) the operating cost incurred in providing the transit service within the regional transit service area;
(ii) the amount of any annual lease fee and any amount required, after a date specified by the authority, to amortize all capital expenditures, including interest accrued during construction incurred for fixed assets accepted for the transit service within the regional transit service area.
(2) In addition to the classes of expenses referred to in subsection (1), the costs of and related to servicing debt incurred by each of the authority and the Province for the purpose of acquiring assets to be used in the operation of the public passenger transportation system constitutes a class of expenses that must be taken into account in determining the annual cost of providing the transit service under section 12 of the Act, and the commission shall contribute that percentage of the amounts required to defray that class of expenses that, under section 2 is the percentage applicable to the capital expenditure in relation to which the debt was incurred.
[am. B.C. Regs. 94/94, s. 3; 1/96, s. 2; 89/99, ss. 2, 4 and 6.]
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.]
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;
(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.
(2) The authority and a municipality shall enter into a separate annual operating agreement with each person operating a transit service in a local transit service area.
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.
12 Section 128 of the Company Act applies to British Columbia Transit.
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
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Class of Property |
Ratio to Class 1 Rate |
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1 |
1.0 : 1 |
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2 |
3.5 : 1 |
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3 |
4.0 : 1 |
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4 |
3.4 : 1 |
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5 |
3.4 : 1 |
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6 |
2.45 : 1 |
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7 |
3.0 : 1 |
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8 |
1.0 : 1 |
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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
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Class of Property |
Ratio to Class 1 Rate |
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1 |
1.0 : 1 |
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2 |
5.4 : 1 |
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3 |
5.4 : 1 |
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4 |
5.4 : 1 |
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5 |
5.4 : 1 |
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6 |
5.4 : 1 |
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7 |
5.4 : 1 |
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8 |
1.0 : 1 |
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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
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Class of Property |
Ratio to Class 1 Rate |
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2 |
1.43 : 1 |
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4 |
1.39 : 1 |
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5 |
1.39 : 1 |
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6 |
1 : 1 |
[am. B.C. Regs. 94/94, s. 4; 79/98.]
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.]
15 (1) The annual lease fee for revenue equipment and other physical assets owned or leased by the authority shall be
(a) calculated as the sum of all lease costs incurred by the authority, where the asset is leased by the authority, or
(b) the amount required to recover the cost of the asset less its estimated salvage value and related interest charges over the useful life of the asset, where the asset is purchased by the authority,
plus an additional percentage of the lease value or cost of the asset to be determined by the authority and for the purpose of establishing a general reserve for the preventive maintenance and major repair of the authority's asset pool, plus an amount sufficient for the authority to recover all other costs incurred relating to the asset, including but not limited to taxes and administrative charges.
(2) Where an asset is acquired after the first day of a fiscal year, the annual lease fee shall be determined as if the asset had been acquired on the first day of the fiscal year, and reduced by 1/12 for every month of the fiscal year that had elapsed prior to the acquisition of the asset.
(3) Where an asset is retired prior to the last day of a fiscal year, the annual lease fee shall be determined as if the asset had been retired on the last day of that fiscal year and reduced by 1/12 for each month of the fiscal year remaining subsequent to the retirement of the asset.
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.]
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
18 The portions of the annual cost of providing transit service that must be contributed by a municipality referred to in this section and by the authority are as follows:
(a) for each fiscal year, the City of Penticton must contribute 53.31%, or any greater percentage the municipality agrees to contribute as specified in the annual operating agreement applicable to that fiscal year made between the City of Penticton, the authority and Penticton Transit Service Ltd., as amended from time to time, and the authority must contribute the balance, of the amounts required to defray the classes of expenses prescribed in section 8 (1) (a) (i), (iii) and (iv) of this regulation;
(b) for each fiscal year, the Cowichan Valley Regional District must contribute 53.31%, or any greater percentage the municipality agrees to contribute as specified in the annual operating agreement applicable to that fiscal year, made between the Cowichan Valley Regional District, the authority and The Gray Line of Victoria, as amended from time to time, and the authority must contribute the balance, of the amounts required to defray the classes of expenses prescribed in section 8 (1) (a) (i), (iii) and (iv) of this regulation;
(c) for each fiscal year, the City of Prince Rupert must contribute 53.31%, or any greater percentage the municipality agrees to contribute as specified in the annual operating agreement applicable to that fiscal year made between the City of Prince Rupert, the authority and Coastal Bus Lines Ltd., as amended from time to time, and the authority must contribute the balance, of the amounts required to defray the classes of expenses prescribed in section 8 (1) (a) (i), (iii) and (iv) of this regulation;
(d) for each fiscal year, the City of Kamloops must contribute 53.31%, or any greater percentage the municipality agrees to contribute as specified in the annual operating agreement applicable to that fiscal year made between the City of Kamloops, the authority and Farwest Coach Inc., as amended from time to time, and the authority must contribute the balance, of the amounts required to defray the classes of expenses prescribed in section 8 (1) (a) (i), (iii) and (iv) of this regulation;
(e) for each fiscal year, the Regional District of North Okanagan must contribute 53.31%, or any greater percentage the municipality agrees to contribute as specified in the annual operating agreement applicable to that fiscal year made between the Regional District of North Okanagan, the authority and KIA Transit Ltd., as amended from time to time, and the authority must contribute the balance of the amounts required to defray the classes of expenses prescribed in section 8 (1) (a) (i), (iii) and (iv) of this regulation;
(f) for each fiscal year, the City of Kelowna must contribute 53.31%, or any greater percentage the municipality agrees to contribute as specified in the annual operating agreement applicable to that fiscal year made between the City of Kelowna, the authority and Farwest Transit Services Inc., as amended from time to time, and the authority must contribute the balance, of the amounts required to defray the classes of expenses prescribed in section 8 (1) (a) (i), (iii) and (iv) of this regulation;
(g) for each fiscal year, the Regional District of Central Okanagan must contribute 53.31%, or any greater percentage the municipality agrees to contribute as specified in the annual operating agreement applicable to that fiscal year made between the Regional District of Central Okanagan, the authority and Farwest Transit Services Inc., as amended from time to time, and the authority must contribute the balance, of the amounts required to defray the classes of expenses prescribed in section 8 (1) (a) (i), (iii) and (iv) of this regulation;
(h) for each fiscal year, the City of Prince George must contribute 53.31%, or any greater percentage the municipality agrees to contribute as specified in the annual operating agreement applicable to that fiscal year made between the City of Prince George, the authority and Prince George Transit Ltd., as amended from time to time, and the authority must contribute the balance, of the amounts required to defray the classes of expenses prescribed in section 8 (1) (a) (i), (iii) and (iv) of this regulation;
(i) for each fiscal year, the Regional District of Comox-Strathcona must contribute 33.31%, or any greater percentage the municipality agrees to contribute as specified in the annual operating agreement applicable to that fiscal year made between the Regional District of Comox-Strathcona, the authority and Watson & Ash Transportation Co. Ltd., as amended from time to time, and the authority must contribute the balance of the amounts required to defray the classes of expenses prescribed in section 8 (1) (b) (i), (iii) and (iv) of this regulation;
(j) for each fiscal year, the City of Fort St. John must contribute 33.31%, or any greater percentage the municipality agrees to contribute as specified in the annual operating agreement applicable to that fiscal year made between the City of Fort St. John, the authority and Nordbo Services Ltd., as amended from time to time, and the authority must contribute the balance of the amounts required to defray the classes of expenses prescribed in section 8 (1) (b) (i), (iii) and (iv) of this regulation;
(k) for each fiscal year, the Sunshine Coast Regional District must contribute 53.31%, or any greater percentage the municipality agrees to contribute as specified in the annual operating agreement applicable to that fiscal year made between the Sunshine Coast Regional District and the authority, as amended from time to time, and the authority must contribute the balance of the amounts required to defray the classes of expenses prescribed in section 8 (1) (a) (i), (iii) and (iv) of this regulation;
(l) for each fiscal year, the Resort Municipality of Whistler must contribute 53.31%, or any greater percentage the municipality agrees to contribute as specified in the annual operating agreement applicable to that fiscal year made between the Resort Municipality of Whistler, the authority and Whistler Transit Ltd., as amended from time to time, and the authority must contribute the balance of the amounts required to defray the classes of expenses prescribed in section 8 (1) (a) (i), (iii) and (iv) of this regulation.
[en. B.C. Reg. 346/2003, s. 7; am. B.C. Regs. 347/2003; 75/2004; 76/2004; 158/2004; 250/2004.]
Note: this regulation replaces B.C. Reg. 51/80.
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| 1. This section refers to the British Columbia Transit Act, R.S.B.C. 1979, c. 421. Section 11.11 (3) (b) was not reconsolidated in R.S.B.C. 1996 as it was considered to be spent. |
[Provisions of the British Columbia Transit Act, R.S.B.C. 1996, c. 38, relevant to the enactment of this regulation: sections 1, 2, 11, 12, 13 (1) and (2), 16 (2) (a), 18 (3), 26 and 32]
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