Port Authorities Operations Regulations

31.1 (1) The Vancouver Fraser Port Authority shall not permit access to its port by a truck or other road transportation equipment for the delivery, pick-up or movement of containers into, within or out of the port unless it has issued a written authorization in the form of a licence in this regard and the holder of that authorization is in compliance with the minimum conditions referred to in subsection (2).

(2) The written authorization referred to in subsection (1) shall specify the following minimum conditions:

• (a) that the holder shall comply with and ensure compliance with

  • (i) any appointment or reservation system established or adopted by the port authority for the port, and

  • (ii) the requirements established by the port authority respecting the identification of trucks and other road transportation equipment and the tracking, monitoring, location and movement of trucks and other road transportation equipment into, within or out of the port; and

• (b) that the holder shall ensure the remuneration — for the delivery, pick-up or movement of containers into, within or out of the port — of an owner-operator of a tractor covered by the authorization is in accordance with

  • (i) the applicable rate of remuneration set out in a collective agreement that is binding on the owner-operator of the tractor,

  • (ii) in the absence of a collective agreement referred to in subparagraph (i), any applicable law in respect of rates of remuneration, or

  • (iii) in the absence of a collective agreement referred to in subparagraph (i) and a law referred to in subparagraph (ii), a rate of remuneration that is at least equivalent to the applicable rate set out in the Memorandum of Agreement between Trucking Companies (Owners/Brokers) and the Vancouver Container Truckers’ Association, dated July 29, 2005, plus any increase set out in subsection (2.1).

(2.1) For the purposes of subparagraph (2)(b)(iii),

• (a) the percentage used to calculate the fuel surcharge under paragraph 5 of the Memorandum of Agreement is increased from 1% to 2%; and

• (b) the rates set out in Schedule 2 to the Memorandum of Agreement are increased by 12%.

(3) Paragraph (2)(b) does not apply in respect of an owner-operator of a tractor who is transporting containers referred to in that paragraph to or from a place outside the Lower Mainland of British Columbia.

(4) The Minister shall, within two years after the coming into force of this subsection, conduct a review of the operation of paragraph (2)(b) and, taking into consideration the results of that review, decide whether to modify that paragraph.