FAQ

Frequently Asked Questions

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OBCCTC September 14, 2016 Bulletin:

Subject to the discretion of the Commissioner, and provided the Applicant obtains the approval and consent of the OBCCTC in advance, changes in control are now permitted.

Please see the OBCCTC’s September 14 2016, “Change in Control Bulletin” for more information.

Licences are non-transferrable.

The selling of licences is not permitted by the OBCCTC.

Schedule 3 of the Licence – Sponsorship Agreement Paragraph 8:

within forty-five (45) calendar days of termination:

  1. a) if the Sponsor terminates, the Sponsored IO may secure an alternate Sponsor; and
  2. b) if the Sponsored IO terminates, the Sponsor may either secure an alternate Owner Operator through Sponsorship or add an Approved Vehicle; and
  3. c) if neither a) or b) occurs, the original Truck Tag is automatically subject to reallocation by the Commissioner in his or her discretion;

OBCCTC October 19, 2016 Bulletin:

The OBCCTC will entertain applications for additional tags.  Additional tags will only be granted in exceptional circumstances and only if the licensee is in compliance with the Container Trucking Act and its Regulations at the time of application.  Applicants must demonstrate a strong business case for the issuance of additional tags. 

Please see the OBCCTC’s October 19 2016, “Interim Truck Tag Policy” for more information.

OBCCTC Decision #02/2016:

…keeping and maintaining payroll records which properly report and track hours worked, rates of remuneration for drivers, trips completed each day by drivers on your behalf, total compensation before taxes and any other deductions are paid, and any deduction made from the drivers compensation and the reason for the deduction

OBCCTC August 10, 2016 Bulletin:

Under Appendix D to Schedule 1 (Information Record Keeping Requirements), “[a] Licensee must retain a record for each Trucker who performs Container Trucking Services for the Licensee.”  These records are to include the hours worked and trips completed on each day by the Trucker performing Container Trucking Services on behalf of the Licensee.

OBCCTC Decision #14/2016:

The holding back of remuneration to cover the cost of repairing a chassis is analogous to holding back monies to cover potential, future insurance claim costs.  Accordingly, the cost of chassis repair is a Business Cost and therefore licence cannot be deducted.

Appendix E to Schedule 1 of the Licence:

the Licensee must not set off or deduct Business costs from Compensation or Wait Time Remuneration owed to a Trucker

Business Costs are defined in the Licence under Definitions:

includes but is not limited to:  chassis rental, wear and tear on tires, cargo insurance, Smart Phone costs, bridge or road tolls, loading fees, Access Agreement charges, fees related to the Terminal Gate Compliance Initiative, GPS-related expenses, (unless the Sponsored Independent Operator has unreasonably failed to cooperate in the return of the GPS unit to the Commissioner or the Licensee)

OBCCTC May 26, 2016 Bulletin:

Insurance claim costs are Business Costs under the Licence.  Therefore, the holding back of remuneration to cover potential, future insurance claim costs after an Owner Operator has left the company is prohibited.

OBCCTC Decision #6/2016:

Section 13(1) of the Regulation states the minimum hourly rates of pay are “inclusive of benefits”.  Section 1.1 of the Regulation states that “benefit” does not include “(c) wages or other remuneration calculated on the basis of work done or productivity”.  As vacation pay is a form of wages or other remuneration calculated on the basis of work done, it is not a benefit that can be included in calculating payment of the minimum hourly rate.  It must be paid in addition to the minimum hourly rate.

Appendix E to Schedule 1 of the Licence:

the Licensee must not set off or deduct Business costs from Compensation or Wait Time Remuneration owed to a Trucker

OBCCTC Decision #6/2016:

Benefits will only to be included in the calculation of hourly rates for those periods for which there is coverage.  Benefit payments will not be retroactively or prospectively applied to periods during which there is no coverage.

OBCCTC March 21, 2016 Bulletin:

The OBCCTC considers the practice of trip splitting to be a contravention of the Container Trucking Act and the Regulations.

OBCCTC Decision #6/2016:

If a company provides evidence satisfactory to the Commissioner’s auditor that a company driver has worked less than 2,340 hours for any licensee, audits are done at the $25.13/hour rate for that driver. Otherwise, audits are done to the $26.28/hour rate.

OBCCTC Decision #8/2016:

Overtime Premiums are not included in the calculation of the minimum wage rates established by Section 13 of the Regulation.