2002 Legislative Session: 3rd Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE JUDITH REID
MINISTER OF TRANSPORTATION
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 The Ferry Act, R.S.B.C. 1996, c. 136, is repealed.
2 Section 24 of the Ferry Corporation Act, R.S.B.C. 1996, c. 137, is repealed and the following substituted:
24 Part 4 of the Ministry of Transportation and Highways Act does not apply to the corporation.
3 Section 5 of the Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30, is amended
(a) in subsection (1) by adding "but subject to subsection (1.1)," after "Despite any other enactment,", and
(b) by adding the following subsection:
(1.1) Subsection (1) does not apply to the government or to a person that is a government corporation as defined in the Financial Administration Act and is designated by the minister for the purpose of this subsection.
4 Section 26 (1) of the Ministry of Transportation and Highways Act, R.S.B.C. 1996, c. 311, is amended by striking out "unless signed by the minister and sealed with the ministry seal." and substituting "unless signed by the minister."
5 Section 41 (1) is amended by striking out "Ferry Act,".
6 The following Part is added:
Part 4 -- Inland Ferry Administration
48 In this Part:
"ferry" means a ship, boat, vessel, barge or other means of transportation over water of individuals or goods if the ferry is
(a) under the jurisdiction of the government,
(b) not a ferry to which the Ferry Corporation Act applies, and
(c) prescribed to be a ferry, or is within a prescribed class of ferries, to which this Part applies;
"terminal" means the buildings, fixtures, structures, docks, wharves, ramps, landings, approaches, ways, offices and other improvements and facilities, other than land or a ferry, necessary for or incidental to the operation of ferry, shipping and related services and incidental facilities and improvements;
"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.
49 (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) prescribing a ferry or class of ferries to which this Part applies;
(b) providing for the direction and control of passenger and vehicular traffic on ferries and in the vehicle and passenger areas of terminals or ferries;
(c) respecting the safety and security of individuals on ferries and in the vehicle and passenger areas of ferries or terminals;
(d) prohibiting conduct on ferries or in the vehicle or passenger areas of ferries or terminals that does or could
(i) pose a risk to the health, safety or security of individuals or property, or
(ii) interfere with the comfort and enjoyment of individuals using ferries or terminals;
(e) respecting the manner in which passengers and vehicles are to load onto and unload from ferries;
(f) respecting parking at terminals or on ferries;
(g) prescribing tolls or rates for carrying individuals, vehicles or property on a ferry;
(h) prescribing the tolls or rates to be paid for individuals, a vehicle or a class of vehicles passing through a terminal;
(i) providing for the manner of collection of tolls or rates;
(j) exempting a class of individuals or vehicles from this Part;
(k) prescribing schedules of ferry departures or arrivals.
(3) A regulation under subsection (2) may make different provisions for different
(a) ferries or terminals or classes of ferries or terminals,
(b) individuals or classes of individuals,
(c) vehicles or types or classes of vehicles, or
(d) tolls or rates, including the establishment of special or discount tolls or rates for groups or individuals.
50 (1) In this section and section 51:
"owner" includes, for a vehicle,
(a) the operator of the vehicle,
(b) a person in possession of the vehicle under a contract by which the person may become the owner on full compliance with the contract, and in whose name alone that vehicle is registered, and
(c) a person who rents or leases the vehicle from another person;
"passenger" means a passenger in a vehicle or on a ferry.
(2) If a toll or rate has been prescribed under section 49 (2) for the carriage of individuals, vehicles or property on a ferry, or for individuals, vehicles or a class of vehicles passing through a terminal, an owner of a vehicle and a passenger must pay the toll or rate applicable to them.
(3) Subsection (2) does not apply to an individual or a vehicle exempted from this Part.
51 (1) An owner of a vehicle or a passenger who contravenes this Part or the regulations under this Part applicable to them commits an offence and is liable on conviction to a fine of up to $2 000.
(2) An owner must not be held liable under subsection (1) if the owner establishes that
(a) the person who was, at the time of the contravention, in possession of the vehicle was not the person entrusted by the owner with possession, or
(b) the owner exercised reasonable care and diligence when that owner entrusted the vehicle to the person who was, at the time of the contravention, in possession of the motor vehicle.
(3) On a prosecution of an owner of a vehicle for an offence under this section, the burden is on the defendant to prove that
(a) the person in possession of the vehicle was not a person entrusted by the owner with possession, or
(b) the registered owner is not the owner.
(4) An owner of a vehicle is liable under subsection (1) even if the vehicle, at the time of the contravention, is unattended or is not in the possession of a person.
7 A deed, contract, document or writing that purports to have been executed under section 26 of the Ministry of Transportation and Highways Act or under a predecessor of that provision, whether executed before or after the date that section 4 comes into force, need not be sealed with the ministry seal to be binding on or the act of the minister.
8 Sections 1, 2, 5 and 6 come into force by regulation of the Lieutenant Governor in Council.
SECTION 1: [Ferry Act, repeals the Act] is self-explanatory.
SECTION 2: [Ferry Corporation Act, re-enacts section 24] substitutes a reference to Part 4 of the Ministry of Transportation and Highways Act for a reference to the Ferry Act.
SECTION 3: [Greater Vancouver Transportation Authority Act, amends section 5]
SECTION 4: [Ministry of Transportation and Highways Act, amends section 26 (1)] removes the requirement that contracts entered into under section 26 be sealed with the ministry seal.
SECTION 5: [Ministry of Transportation and Highways Act, amends section 41 (1)] deletes a reference to the Ferry Act.
SECTION 6: [Ministry of Transportation and Highways Act, enacts Part 4] provides for the administration of inland ferries under the Ministry of Transportation and Highways Act in place of administration under the Ferry Act.
SECTION 7: [Transitional -- Ministry of Transportation and Highways Act] retrospectively validates contracts entered into under section 26 without the ministry seal.
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