On May 13, 2015, an Order of the Lieutenant Governor in Council amended the Container Trucking Regulation, B.C. Reg. 248/2014 (the “Regulation”). The complete list of changes can be found here.

The key changes/clarifications to note are as follows:

1) The $40 trip rate for Directly Employed Operators (employed by the trucking company) and/or Indirectly Employed Operators (employed by the Independent Operator) has been eliminated.  These operators, based on the number of hours they have worked during their shift, must now be paid an amount equal to or greater than:

 a) $25.13 per hour, inclusive of benefits, if the operator has performed less than 2,340 hours of container trucking services on behalf of any Licensee; or

 b) $26.28 per hour, inclusive of benefits, if the operator has performed 2,340 or more hours of container trucking services on behalf of any Licensee.

2) The $50 short trip rate for Independent Operators has been eliminated, with remuneration now referring to the Off-Dock Rate Schedule.

3) The “inclusive of benefits” reference defines benefits as medical, disability, extended health, accidental death and dismemberment, dental or orthodontic insurance and contributions to a pension plan or a retirement fund to be considered in meeting the minimum hourly requirements.

4) Though this provision was outlined in the original version of the Regulation, it is important to note that it is the responsibility of the Licensee to ensure that Indirectly Employed Operators (employed by Independent Operators) receive the minimum callout as outlined below.

The following is a quick-reference summary for the updated provincial rate regulations (a printable version can be downloaded here):

Independent Operators

COMPENSATION TYPERATE (Minimums)REGULATIONAPPLICATION
On and off dock$50.13 on hire and
$51.28 after 2340 hours of
container trucking services
Section 15Retroactive to:
April 3, 2014
Callout$200 – Minimum of/
availability for four
continuous hours of work
Section 18Effective:
Dec. 22, 2014
Amended:
May 13 2015
Fuel Surcharge2% multiplier calculated
as per regulations
Section 21Retroactive to:
March 27, 2014
COMPENSATION TYPERATE (Minimums)REGULATIONAPPLICATION
On and off dockSee On-Dock rate scheduleSchedule 2 &
Section 12 (4)
Retroactive to:
April 3, 2014
Off dockSee Off-Dock rate scheduleSchedule 1 &
Section 12 (3)
Retroactive to:
April 3, 2014
Callout$200 when available for
4 continuous hrs of work
Section 18Effective:
Dec. 22, 2014
Amended:
May 13 2015
Fuel Surcharge2% multiplier calculated
as per regulations
Section 21Retroactive to:
March 27, 2014
Wait Time Remuneration100% of remuneration paid
to trucking companies paid to I/O
Section 23Retroactive to:
April 3, 2014

Employees

COMPENSATION TYPERATE (Minimums)REGULATIONAPPLICATION
On and off dock$25.13 on hire and
$26.28 after 2340 hours of
container trucking services
Section 13Retroactive to:
April 3, 2014
COMPENSATION TYPERATE (Minimums)REGULATIONAPPLICATION
On and off dockPaid equivalent to hourly rateSchedule 13Effective:
May 14, 2015
Callout4X Section 13 hourly rates
when available for 4
continuous hrs of work
Schedule 16Effective:
May 14, 2015
Wait Time Remuneration100% of remuneration
paid to trucking companies
paid to employee
Section 23Retroactive to:
April 3, 2014

Indirectly Employed Operators (Employees Of I/O’s)

COMPENSATION TYPERATE (Minimums)REGULATIONAPPLICATION
On and off dock$25.13 on hire and
$26.28 after 2340 hours of
container trucking services
Section 14Retroactive to:
April 3, 2014
COMPENSATION TYPERATE (Minimums)REGULATIONAPPLICATION
On and off dockPaid equivalent to hourly rateSchedule 14Effective:
May 14, 2015
Callout4X Section 14 hourly rates
when available for 4
continuous hrs of work
Schedule 17Effective:
May 14, 2015
Wait Time Remuneration100% of remuneration
paid to trucking companies paid
to indirectly employed operator
Section 23Retroactive to:
April 3, 2014