1978 urban transit authority chap. 39 ... - bclaws.gov.bc.ca

1978 URBAN TRANSIT AUTHORITY CHAP. 39

CHAPTER 39

Urban Transit Authority Act

[Assented to June 29, 1978.]

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Interpretation

1. In this Act "annual operating agreement"

means an agreement made pursuant to a transit service agreement, respecting the provision and maintenance of transit services with such provisions respecting fares, level of service, Provincial and municipal contributions, proportionate administrative charges of the authority, and other matters as the Lieutenant-Governor in Council may prescribe;

"authority" means the Urban Transit Authority of British Columbia established under tnis Act:

"board" means the board of directors of the authority?

"commission" means a transit commission established under this Act;

"custom transit services" means public passenger transportation services for groups designated by the Lieutenant-Governor in Council;

"minister" means that member of the Executive Council charged by order of the Lieutenant-Governor in Council with the administration of this Act;

"municipality" includes a regional district or parts of a regional district and the City of Vancouver;

"public passenger transportation system" means a public system for the transportation of passengers and goods by any means operated under an annual operating agreement, but does not include custom transit services;

"transit service agreement" means an agreement for not less than 5 years between the authority and a municipality respecting the provision and maintenance of transit services in a transit service area by means of annual operating agreements.

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CHAP. 39 URBAN TRANSIT AUTHORITY 27 ELIZ. 2

Urban Transit Authority of British Columbia established

2. (1) There is established a corporation, to be known as the "Urban Transit Authority of British Columbia", consisting of the persons referred to in section 4.

(2) The Companies Act does not apply to the authority, but the Lieutenant-Governor in Council may order that one or more provisions of that Act apply to the authority.

(3) The minister shall determine the location of the head office of the authority.

(4) The authority shall hold its annual meeting not later than May 30 in each year.

Purpose and objects of the Authority

3. (1) The purpose and object of the authority is to provide and maintain public passenger transportation systems in the Province by means of transit service agreements and, to carry out its purpose and object, it shall

(a) in accordance with section 18, establish and designate transit service areas,

(b) in accordance with section 18, establish commissions for the purpose and with the powers set out in section 18 (6); and, subject to the approval of the Lieutenant-Governor in Council, appoint their members,

(c) negotiate with a municipality in a transit service area with a view to entering into a transit service agreement,

(d) establish an annual operating budget and a 5 year capital budget for each public passenger transportation system under this Act, including the budgets of each commission as approved by the authority,

(e) review all proposed operating agreements of each commission to ensure that they are consistent with the approved budget of that commission and with the general policy of the authority, and

(f) recommend to the Lieutenant-Governor in Council the formulas by which a municipality may apply the powers under sections 11, 12 and 14 to meet its financial obligations under the annual operating agreements.

(2) Where, on the coming into force of this section, (a) the British Columbia Hydro and Power Authority or its subsid

iary or successor operates a transit service in a municipality, or

(b) a municipality receives money under the Transit Services Act or the Provincial Rapid Transit Subsidy Act, and

(c) the municipality fails or refuses to €'nter into a transit service agreement under section 3 (1) (c)

the Lieutenant-Governor in Council may, on the recommendation of the authority, establish the contents of the transit service agreement and order that it is binding on the municipality and, notwithstanding any other Act, the municipality is bound by the agreement.

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(3) The authority shall, not later than December 1 in each year, report to a committee of the Executive Council including

(a) the Minister of Finance, {b) the Minister of Municipal Affairs and Housing, (c) the Minister of Energy, Transport and Communications, (d> the Minister of Highways and Public Works, and (e) such other members of the Executive Council as the Lieutenant-

Governor in Council may appoint on matters pertaining to the annual operating and capital budget of the authority, and the minister shall act as chairman.

Board of directors

4. (1) The board shall consist of not less than 8 members of which (a) not less than 4 members shall be members of the commission rep

resenting the transit service area established under section 18 (1) (a),

(b) not less than 2 members shall be members of the commission representing the transit service area established under section 18 (1) (b), and

(c) not less than 2 members shall be appointed from among the members of all other commissions.

(2) The Lieutenant-Governor in Council shall appoint the members of the board from among persons holding elective office under the Municipal Act or Vancouver Charter and each member shall be appointed during pleasure for a period of 2 years.

(3) Until the commissions ace established under section 18 the members of the board shall be appointed under subsection (2) without regard to subsection (1) (a), (b), or (c) and shall hold office until the members of the commissions are appointed under section 18 and appointed to the board in accordance with subsection (1).

(4) The Lieutenant-Governor in Council shall appoint from the members a chairman and vice-chairman of the board.

(5) The board shall direct the affairs of the authority and supervise the management of those affairs and may

(a) exercise the powers and duties conferred on the authority by and under this Act, and

(b) delegate the exercise or performance of a power or duty conferred or imposed on the authority to a person employed by the authority.

(6) The board may pass resolutions for the management and conduct of the affairs of the authority and the exercise of its powers or duties and a resolution

(a) approved in writing, or (b) approved by telex, telegraph, or other means of graphic tele

communication confirmed in writing by all the directors is as valid and effectual as if it had been passed at a meeting of the directors properly called and constituted.

(7) Each member shall be reimbursed by the authority for reasonable travelling and out-of-pocket expenses necessarily incurred by him in discharging his duties, and may be paid a director's fee in an amount approved by the Lieutenant-Governor in Council.

(8) The minister shall fix the time and place of the first meeting of the board.

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Employees

5. (1) The Lieutenant-Governor in Council shall appoint and define the duties of the general manager of the authority, to hold office during pleasure, and shall fix the salary to be paid to him,

(2) The board, or if authorized by the board, the general manager of the authority, may appoint such employees as may be considered necessary to carry on the business and operations of the authority, and may define their duties, determine, subject to the regulations, their remuneration, and provide a system of organisation to carry out the powers of t'.e authority.

(3) The Public Service Act Tnd the Public Service Labour Relations Act do not apply to the authority, its officers and employees.

(4) The Public Service Benefit Plans Act and the Public Services Medical Plan Act apply to the ?uthority, its officers and employees.

(5) The Public Service Superannuation Act applies to the authority, its officers and employees and

(a) the authority, its officers and employees shall be deemed to be an employer and employees, as the case may be, within the meaning of that Act,

(b) the authority shall make the deductions from the salaries of the officers and employees as Lequired under section 7 of that Act and pay the money to the Commissioner under that Act, and

(c) the authority shall, in addition, pay to the Commissioner the employer's contributions in amounts equivalent to the amounts required under that Act.

Transfer of employees

6. (1) In this section "transfer date" means a date designated in an order under subsection (2).

(2) The Lieutenant-Governor in Council may order that, on a date to be fixed by him, some or all of those public service employees as defined in the Public Service Act, who are working for the Transit Services Division of the Ministry of Municipal Affairs and Housing, are, notwithstanding the Public Service Act, employees of the authority and shall cease to be public service employees and shall be conclusively deemed to have been appointed under section 5 (2) with effect from the transfer date.

(3) A public service employee who, prior to that date, had been confirmed in his appointment under the Public Service Act ard who is appointed to the authority under subsection {2)

(a) shall not suffer a reduction in salary by reason only of his appointment under subsection (2), and

(b) is entitled tn all superann' ation or pension plan benefits to which he is entitled in respect of his period in the public service and full credit in respect of his contributions and the contributions of the Government on his behalf during that period.

(4) A question or difference between the authority and an employee or a trade-union representing employees respecting

(a) the interpretation or application of this section, or

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(b) the interpretation or application of a provision of a collective agreement in force between Government and a trade-union referred to in subsection (5), or

(c) a question arising by reason of subsection (5) may be referred by the parties or any of them to the Labour Relations Board in accordance with the procedure set out in the Labour Code of British Columbia and the regulations under that Code, and EEe Labojr Relations Boara may decide the question or difference

(d) in any of the ways, and (e) by applying any of the remedies

available in respect of a question or difference under the Labour Code of British Columbia with the necessary changes and so far as they are applicable^

(5) On the :ransfer date, the authority is, subject to subsection (6), bound by every collective agreement in force between the Government and a trade-union acting on behalf of the transferred employees as if the authority were a party to the collective agreement, and where

(a) a provision of the collective agreement is not applicable or is ineffective by reason of references to the Public Service Commission, Government Employee Relations Bureau, Public Service Adjudication Board, Treasury Board, Public Service Act, or Public Service Labour Relations Act, or for any other reason, and

(b) the authority and the trade-union representing che employees, afte;: negotiation, cannot agree on an amended provision,

either party may apply to the Labour Relations Board pursuant to subsection (4) and, in addition to the powers of the Labour Relations Board under subsectioi (4) and under section 53 of the Labour Code of British Columbia, the Labour Relations Board may determine a method by which the provision may b= made applicable and effective and may order the collective agreement to be amended accordingly insofar as it relates to the employees transferred.

(6) The Labojr Relations Board may exercise any of its powers under section 53 (3) cf the Labour Code of British Columbia.

Re-transfer of employees

7. (1) Wh«'re an officer or employee was, immediately prior to his appointment or employment by the authority, a public service employee, he may, at any tim« within 12 months after appointment or employment, elect to be reinstated as a public service employee under the Public Service Act.

(2) An election under subsection (1) shall be in writing and filed with the authority ami the Public Service Commission.

(3) On receipt, of an election filed under subsection (2), the authority and the Public Service Commission shall endeavour to arrange an orderly transfer of the officer or employee from the authority to the public service at a comparable classification and salary and with the same benefits as if he had continued as a public service employee and on the effective date of t: e re-transfer the officer or employee shall for all purposes be conclusively decned to be a public service employee under the Public Ser-vics Act.

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(4) For the purpose of this section and notwithstanding the Public Service Act, an officer or employee of the authority referred to in subsection (1) retains his service seniority in the public service during the period in which he is an officer or employee of the authority.

(5) If no arrangement is made under subsection (3) within 6 months after the receipt of the election, the officer or employee shall remain an officer or employee of the authority unless the Lieutenant-Governor in Council makes such special provisions as he considers necessary or advisable in respect of the employment, salary and benefits of that person under the Public Service Act.

Powers of authority

8. (1) The authority has all the powers necessary to carry out its purposes and objects and, without limiting the generality of the foregoing,

(a) may plan, acquire, maintain and operate public passenger transportation systems,

(b) may acquire and dispose of real and personal property for the purposes of this Act,

(c) in areas in which British Columbia Hydro and Power Authority or its subsidiaries or successors operate a transit service, shall negotiate with British Columbia Hydro and Power Authority and its subsidiaries or successors and the affected municipalities with a view to entering into annual operating agreements respecting the provision of transit services,

(d) in areas in which British Columbia Hydro and Power Authority, or its subsidiaries or successors, do not operate a transit service, may negotiate with a municipality and a person or a corporation, which may include a municipality, carrying on transit services, with a view to entering into an annual operating agreement respecting the provision of transit services,

(e) may hear and decide appeals by municipalities, British Columbia Hydro and Power Authority, its subsidiaries and successors, or public passenger transportation systems, or operators of transit services from decisions of the commissions,

(f) may plan, establish and operate custom transit services, (g) on application, by by-law of a municipality, may enter into an

agreement to provide not more than 1/2 the cost of research or demonstration projects relating to the provision of public passenger transportation, and

(h) subject to the approval of the Lieutenant-Governor in Council, may borrow such money as the authority considers necessary or advisable on such terms and conditions as the Lieutenant-Governor in Council determines.

(2) Notwithstanding the Municipal Act or the Vancouver Charter, a municipality may, by by-law, without the assent of the electors, enter into an agreement under subsection (1) (c) or (d).

(3) Where a municipality or British Columbia Hydro and Power Authority or its subsidiaries or successors fails or refuses to enter into an agreement under subsection (1) (c) the Lieutenant-Governor in Council may, on

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the recommendation of the authority, establish the contents of an annual operating agreement and order that it be binding on the parties named in it.

(4) Notwithstanding any other Act, on the making of an order under subsection (3) the named parties are bound by the agreement.

(5) The Lieutenant-Governor in Council may, on the recommendation of the authority, order a regional district, under the Municipal Act, to undertake a transit function; and, notwithstanding the Municipal Act, grant to a regional district such objects, powers, duties, limitations and conditions as are considered necessary to enable it to undertake a transit function.

(6) Section 561 (1) (a) of the Municipal Act and any Order in Council relating to it does not apply to a municipality or a public passenger transportation system in that municipality, and section 568 (1) of the Municipal Act does not apply to transportation facilities in that municipality during the tjrm of an annual operating agreement entered into by that municipality.

(7) Notwithstanding any other Act, for the purpose of this Act the authority, British Columbia Hydro and Power Authority, its subsidiaries or successors, or a municipality may enter into agreements with each other and the Government of Canada.

Financial and property arrangements

9. (1) The Government may, out of money appropriated by the Legislature for the purpose, grant or lend to the authority on such terms and conditions as it considers appropriate such amounts as may be required to enable the authority to carry out its powers under this Act.

(2) The Government may dispose of to the authority or to a corporation carrying on the business of a public passenger transportation system such of the Government's property relating to a public passenger transportation system as the Government considers appropriate.

Sharing of cost

10. (1) Subject to an annual operating agreement under section 8, where a public passenger transportation system is operated by or on behalf of the British Columbia Hydro and Power Authority, its subsidiaries or successors, the Government of Canada, the autnority, the Government, a person, or a corporation, which may include a municipality carrying on transit services, the authority and the municipality shall contribute prescribed portions of the annual operating deficit of the transit service provided under that agreement.

(2) In determining the annual operating deficit under subsection (1) there shall be taken into account such annual operating costs as the Lieutenant-Governor in Council may prescribe, including an amount required to amortize the capital expenditures under the transit services agreement entered into by the municipality.

(3) An annual operating agreement shall provide that every party to that agreement, other than the authority, shall pay, in the shares provided in the agreement, a prescribed portion of the total annual operating costs of the authority a.id its commissions.

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Fund raising by municipal tax levies

11. (1) Where a municipality (a) enters into an annual operating agreement, and (b) is required under section 10 to contribute a prescribed portion

of the annual operating deficit of operating a public passenger transportation system,

the municipality shall (c) impose a rate sufficient to meet that prescribed portion of

that estimated annual operating deficit on all taxable land and improvements in the transit service area covered by the annual operating agreement, or

(d) with the approval of the Lieutenant-Governor in Council impose a lesser rate than that required under paragraph (c), and apply to the Lieutenant-Governor in Council to raise the balance of the prescribed portion in accordance with section 12 or 14.

(2) The rate authorized under subsection (1) shall be based on the assessed value of all taxable land and improvements in the transit service area, but exclude property that is taxable for school purposes only by special Act.

(3) The definitions of "land" and "improvements" for other than general municipal and Provincial tax purposes in the Assessment Act apply.

Municipally imposed power rates

12. (1) On request by by-law of a municipality, the Lieutenant-Governor in Council may, for the purposes of this Act, order British Columbia Hydro and Power Authority, or any other power utility as defined i • the Energy Act, to add to, include in, and identify in each account payable to British Columbia Hydro and Power Authority or other power utility by a person liable for payment for power supplied or other power service provided to him in the transit service area an amount stipulated in the by-law.

(2) The British Columbia Hydro and Power Authority or the power utility, as the case may be, shall pay, in a prescribed manner, an amount equivalent to the total money added to and included in those accounts under this section to the municipality and the municipality shall pay the proceeds into the fund established under section 13.

(3) British Columbia Hydro and Power Authority or the power utility, as the case may be, shall, on request by the municipality, furnish such records and information respecting the matters referred to in subsection (1) as are required by the municipality.

(4) In this section, the definitions of "power" and "supply" in the British Columbia Hydro and Power Authority Act, 1964 apply.

(5) A municipality may pass a by-law for the purposes of subsection (1).

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Fund established

13. (1) Notwithstanding the Municipal Act or the .ancouver Charter, the municipality shall establish a fund into which shall be paid all money received from the proceeds of

(a) the tax levy under section 11, and (b) the power levy under section 12, if any,

and the fund shall be deposited in a savings institution and, until required to be used in accordance with this section, may be invested in the manner provided for investment of sinking funds of a municipality under section 287 of the Municipal Acz.

(2) The money set aside in the fund under subsection (1) and the interest on it shall not be used except for the discharge of the municipality's obligations under section 10.

(3) The amount payable under the annual operating agreement shall be paid to the authority by the municipality or the Minister of Finance, as the case may be, quarterly, the first payment to be made 3 months after the annual operating agreement is made.

Municipally imposed gasoline tax

14. (1) On request by by-law of a municipality, the Lieutenant-Governor in Council may, for the purposes of this Act, order that a Proclamation be issued bringing into force all or part of section 22, 23, or 24, being all or any of section 3.1, 6 (1.1), or 11.1 of the Gasoline Tax Act, 1948, section 3.1 or 24.1 of the Gasoline Tax Act, 1958, or section 3.1 of the Motive-fuel Use Tax Act, in a prescribed area in the municipality.

(2) The Lieutenant-Governor in Council may, by order, (a) suspend the operation of an enactment proclaimed in force under

subsection (1) insofar as it relates to all or part of the prescribed area, and

(b) where suspension has been ordered, further order chat the suspension be terminated and that all cr part of the enactment again come into force in all or part of the prescribed area on a prescribed date.

(3) Where an order has been made under subsection (1) the Lieutenant-Governor in Council shall order the Minister of Finance to pay out of the Consolidated Revenue Fund, without an appropriation other than this section, to the authority for the credit of the municipality such amounts as are equivalent to the net revenue collected under the enactments referred to in subsection (1) that are in force in the prescribed area of the municipality from the taxes paid by purchasers on gasoline and motive-fuel, as the case may be, purchased from a retail dealer

(a) carrying on business in a prescribed area of the municipality, or

(b) delivering gasoline or motive-fuel to a purchaser in the prescribed area of the municipality.

!4) A municipality may pass a by-law for the purposes of this section.

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Municipal borrowing authority

15. A municipality may, by by-law, borrow money for the purpose of meeting its obligations under this Act for capital expenditures in respect of public passenger transportation services in the municipality in accordance with the Municipal Act or Vancouver Charter, as the case may be.

Financial administration

16. (1) The authority shall establish and maintain an accounting system satisfactory to the minister, and shall, whenever required by him, render detailed accounts of its revenues and expenditures for such period or to such day as he may designate.

(2) All records of account and other financial records shall at all times be open for inspection by the minister or such other person as he may designate.

(3) The Minister of Finance may direct the Auditor-General to examine and report to the Treasury Board on any or all of the financial and accounting operations of the authority.

(4) The accounts of the authority shall, at least once in every year, be audited and reported on by a person appointed by the authority with the approval of the Lieutenant-Governor in Council, and the costs of the audit shall be paid by the authority.

(5) The authority shall prepare for the minister as soon as possible, but within 90 days after the end of the fiscal year of the authority,

(a) an annual report of the authority on its operations for the preceding fiscal year, and

(b) a financial statement showing the assets and liabilities of the authority and of a corporation incorporated or , cquired as provided under this Act at the end of the preceding fiscal year,

in such form as may be required by the minister. (6) The report and financial statement referred to in subsection (5)

shall be laid before the Legislative Assembly within 15 days after its receipt if the Legislative Assembly is then sitting, otherwise within 15 days after the commencement of the next following sitting.

(7) The Public Bodies Financial Information Act applies to the corporation.

(8) The fiscal year end of the authority is March 31.

One fund

17, (1) All funds, including borrowings, income and revenue that come into the hands of the authority, whether as agent, trustee, owner, or otherwise, shall form one fund out of which the authority shall pay all expenditures necessary for its purposes, and the authority shall account for the fund and all payments out of it in its annual report,

(2) The authotity may invest or lend some or all of the funds not otherwise required for the purposes of the authoricy in such investments or loans as may be authorized by the Lieutenant-Governor in Council.

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Establishment of transit service areas and commissions

18. (1) The board shall, for the purposes of this Act, establish transit service areas being

(a) an area including the Greater Vancouver metropolitan area, (b) an area including the Greater Victoria metropolitan area, and (c) such other areas as the authority considers necessary,

each of which may contain all or part of a regional district. (2) The board shall establish transit commissions representing transit

service areas designated by the board. (3) Each commission shall consist of not less than 5 members appointed

by the Lieutenant-Governor in Council from among persons holding elective office under the Municipal Act or Vancouver Charter.

(4) Each member shall be appointed during pleasure for a period of 2 years.

(5) Each member shall be reimbursed by the authority for reasonable travelling and out-of-pocket expenses necessarily incurred by him in discharging his duties, and may be paid a fee in an amount approved by the Lieutenant-Governor in Council.

(6) The purpose and object of a commission is to act as a committee of the board in the transit service areas for which it is designated, and to carry out this purpose and object it shall

(a) prepare plans and determine service and performance standards for each public passenger transportation system in the regional transit service areas for which it is designated in consultation with municipal officials, operators of public passenger transportation systems and the public,

(b) review the annual operating and capital budgets and the annual operating agreements of each public passenger transportation system in the transit service areas for which it is designated to ensure that service and performance standards are being maintained and report and make recommendations to the board with respect to those matters, and

(c) report and make recommendations to the board respecting its own budget and the annual operating and capital budgets of each public passenger transportation system within the designated transit service areas.

Regulations

19. The Lieutenant-Governor in Council may make regulations.

Appropriation

20, (1) Money required for the purposes of this Act shall, until March 31, 1979,

(a) in the absence of an appropriation, or (b) where money appropriated is insufficient,

be paid out of the Consolidated Revenue Fund.

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(2) In addition to money authorized under this or any other Act, money and assets in the Provincial Transit Fund under the Provincial Transit Fund Act or under the Provincial Rapid Transit Subsidy Act is transferred to the account of the authority for the purposes of this Act.

Amendments to other Acts

S.B.C. 1964 c. 7

21. The British Columbia Hydro and Power Authority Act, 1964 is amended

(a) by repealing section 14 (1) (c), and (b) in section 53 (6) by striking out "and the Public Works Fair Employ

ment Act" and substituting "Public Construction Fair Wages Act and the Urban Transit Authority Act".

R.S.B.C. 1960 c. 162

22. The Gasoline Tax Act, 1948 is amended (a) by inserting the following after section 3

Increased rate for municipal transit

3.1 In addition to the tax payable under section 3, every purchaser who purchases gasoline from a retail dealer

(a) carrying on business in a prescribed area, or (b) delivering gasoline to that purchaser in a prescribed area

shall pay to Her Majesty for the raising of revenue for municipal purposes under the Urban Transit Authority Act a tax equal to .66̂ 5 per litre where the gasoline is sold to him by metric measure or by means of a machine that indicates the voli me sold in metric measure, and otherwise a tax equal to 3£ per gallon of all gasoline purchased by him, but this section does not apply to gasoline referred to in section 3 (a) and (b). ,

(b) by inserting the following after section 6 (1) (1.1) In addition to the tax payable under section 6 every person in a

prescribed area who keeps or has in his possession or under his control for use or consumption by himself, his family, agent, or employee or in any business or occupation in which he is interested or employed gasoline respecting which no tax has been paid under this Act shall immediately pay to Her Majesty for the raising of revenue for municipal purposes under the Urban Transit Authority Act a tax equal to .66*! per litre or 3j>* per gallon, but this section does not apply to gasoline in the form of liquified petroleum or natural gas., and

(c) by inserting the following after section 11

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Increased refund where increased rate paid

11.1 (1) Where section 3.1 or 6 (1.1) applies, section 11 applies to the additional tax of .66jz5 per litre or 3jz< per gallon, as the case may be, and the Minister shall pay to the person referred to in section 11 (1) (a) to (c) from the Consolidated Revenue Fund an amount equal to .66^ per litre or 3^ per gallon, as the case may be, in respect of which an additional tax of .66£ per litre or 3£ per gallon has been paid.

R.S.B.C. 1960 c. 163

23. The Gasoline Tax Act, 1958 is amended (a) by inserting after section 3 the following:

Increased rate for municipal tr.,nsi_t

3.1 (1; In addition to the tax payable under section 3 (1), every purchaser who purchases gasoline from a retail dealer

(a) carrying on business in a prescribed area, or (b) delivering gasoline to that purchaser in a prescribed area

shall pay to Her Majesty for the raising of revenue for municipal purposes under the Urban Transit Authority Act a tax equal to .66^ per litre where the gasoline is sold to him by metric measure or by means of a machine that indicates the volume sold in metric measure, and otherwise a tax equal to 3£ per gallon of all gasoline purchased by him, but this section does not apply to gasoline referred to in section 3 (a) and (b).

(2) In addition to the tax payable under section 3 (2), every person in a prescribed area who keeps or has in his possession or under his control for use or consumption by himself, his family, agent, or employee or in any business or occupation in which he is interested or employed gasoline respecting which no tax has been paid under this Act shall immediately pay to Her Majesty for the raising of revenue for municipal purposes under the Urban Transit Authority Act a tax equal to . 66£ per litre or 3*f per gallon, but this section does not apply to gasoline in the form of liquified petroleum or natural gas. , and (b) by inserting after section 24 the following:

Increased refund where increased rate paid

24.1 Where section 3.1 (1) or (2) applies, section 24 applies to the additional tax of .66^ per litre or 3£ per gallon, as the case may be, and the Minister shall pay to the person referred to in section 24 (a) to (c) from the Consolidated Revenue Fund an amount equal to .66^ per litre or Z£ per gallon, as the case ray be, in respect of which an additional tax of .66jz? per litre or 3(2? per gallon has been paid.

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R.S.B.C. 1960 c. 251

24. The Motive-fuel Use Tax Act is amended by inserting after section 3 the following:

Increased rate for municipal transit

3.1 (1) In addition to the tax payable under section 3, every purchaser who purchases motive-fuel from a retail dealer

(a) carrying on business in a prescribed area, or (b) delivering motive-fuel to that purchaser in a prescribed area

shall pay to Her Majesty for the raising of revenue for municipal purposes under the Urban Transit Authority Act a tax equal to .66^ per litre where the motive-fuel is sold to him by metric measure or by means of a machine that indicates the volume sold in metric measure, and otherwise a tax equal to 3jz! per gallon of all motive-fuel purchased by him.

Commencement, repeals S.B.C. 1974 c. 97 S.B.C. 1972 c. 50 S.B.C. 1968 c. 62

25. (1) This Act comes into force on a day to be fixed by Proclamation.

(2) Each of the following enactments is repealed on a day to be fixed by Proclamation:

(a) Transit Services Act, (b) Provincial Rapid Transit Subsidy Act, and (c) Provincial Transit Fund Act

and the Proclamation may apply to and fix a day for the repeal of any provision of those enactments and Proclamations may be issued at different times in respect of different provisions of those enactments.

Printed by K.M. MacDonald, Printer to the Queen's Most Excellent Majesty in right of the Province of British Columbia.

1978

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1978 urban transit authority chap. 39 ... - bclaws.gov.bc.ca

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