I/O’s are free to seek new sponsorship at anytime. Section 8 of the previous Sponsorship Agreement has been removed. An I/O moving sponsorship must find a licenced company that has an available truck tag. It is the responsibility of licence holders to request additional truck tags from the OBCCTC. new Sponsorship applications must be submitted to the sponsoring company for approval.
How can I be added to the I/O List?Karm Jauhal2017-12-22T22:17:28-08:00
OBCCTC CTS Licence Tag Management Policy – Paragraph 23:
The Commissioner will monitor the I/O List and, if satisfied that it is desirable to add new Eligible I/O’s to the I/O List, will publish a request for applications.
If the commissioner publishes a request for applications, in order to add names to the I/O List, applicants must contact the OBCCTC and request that their name to put forward for addition to the I/O List.
Are the business cases supplied to the OBCCTC as part of an application for additional tags confidential?Karm Jauhal2017-12-22T22:19:44-08:00
OBCCTC CTS Licence Tag Management Policy – Paragraph 22:
I/O’s remain on the I/O List as Eligible I/O’s for a maximum of 90 days from the date of termination of a Sponsorship/ Joinder Agreement. If an Eligible I/O does not become an Active I/O within the 90 days, the Eligible I/O will be removed from the I/O List.
How do I know if I’m on the I/O List? Where can I find the I/O List?Karm Jauhal2017-12-22T22:18:41-08:00
OBCCTC CTS Licence Tag management Policy – Paragraphs 11-13:
Each quarter, the Commissioner will review the performance levels of all Licensees and withdraw tags from Licensees not maintaining tag performance and/or evidencing a prolonged decrease in tag performance and container movement volumes.
In conducting performance reviews, the Commissioner will utilize the Licensee’s Balance Scorecard as issued monthly by the VFPA, as well as and any other information that the Commissioner may consider relevant.
Should the Commissioner consider reducing the number of tags under a Licence, the Commissioner will provide the Licensee with a warning and a 90 day opportunity to improve tag performance detailed on the Licensee’s Balanced Scorecard. If, after 90 days, tag performance has not improved, the Licensee will be given reasonable notice of the Commissioner’s intention to withdraw the tags.
Do open top containers and flat racks fall within the definition of a container in the Container Trucking Regulation?Karm Jauhal2020-09-24T20:17:41-08:00
The definition of a container is found it Section 1(1) the Regulation:
“container” means a metal box furnished or approved by an ocean carrier for the marine transportation of goods.”
Containers which are identified by a 4 letter identification codes consistent with containers, “furnished or approved by an ocean carrier for the marine transportation of goods” are to be presumed to be “containers” as defined in the Regulation. Where containers are so identified, the onus lies with the licensee to rebut this presumption.
Do licensees have to cooperate with OBCCTC auditors?Karm Jauhal2017-09-01T16:51:10-08:00
Licensees who are subject to an audit investigation are expected to give auditors their full and complete cooperation including meeting all deadlines, responding to all inquiries in a timely fashion, and providing all requested information. Licensees who fail to meet deadlines without a reasonable excuse, or who fail to properly respond to audit inquiries in a timely way, can expect to be penalized.
What are the factors considered when assessing the size of a penalty?Karm Jauhal2017-09-01T16:50:09-08:00
The administrative penalties made available under Section 34 of the Act and Section 28 of the Regulation are designed to encourage compliance with the Act and Regulation. Penalties are intended to have a general and specific deterrence purpose – that is, to protect drivers and to discourage non-compliance with the legislation.
To ensure that licensees receive the appropriate deterrent message, the amount of any financial penalty must be sufficiently large to meet the objective of deterring non-compliance. The large financial penalties available under the Act and Regulation demonstrate an intention to ensure that administrative fines are not seen by licensees as merely another cost of doing business or part of the licensing costs.
In keeping with the above described purpose of the legislation, the factors which will be considered when assessing the appropriate administrative penalty include the following:
The seriousness of the respondent’s conduct;
The harm suffered by drivers as a result of the respondent’s conduct;
The damage done to the integrity of Container Trucking Industry;
The extent to which the Licensee was enriched;
Factors that mitigate the respondent’s conduct;
The respondent’s past conduct;
The need to demonstrate the consequences of inappropriate conduct to those who enjoy the benefits of having a Container Trucking Services Licence;
The need to deter those Licensees from engaging in inappropriate conduct, and
Orders made by the Commission in similar circumstances in the past.
This list is not intended to be exhaustive.
Is there a regulated rate for short trips performed by Independent Operators prior to December 22, 2014?Karm Jauhal2017-09-01T16:49:14-08:00
Drivers who eat while driving or while in line at the port are working, are not on a break, and are entitled to be paid for their work. It is not enough that the drivers have agreed that they are entitled to take an unpaid lunch break. Drivers must actually take the break before a licensee is entitled to deduct the time.
Empty Chassis (Interpretation of Container Trucking Services for the Purpose of Section 13 of the Regulation)Karm Jauhal2017-09-01T16:47:08-08:00
The Regulation and in particular Section 13 is to be interpreted and applied as follows:
The application of Section 13 hourly rates is not limited to just the time a company driver spends actually transporting a container by a truck. Rather, “container trucking services” for purposes of Section 13 also includes services directly relating to, or ancillary to, the transportation of a container by a truck, such as:
Pre and Post trip inspections
The relocation or movement of empty chassis which have been used or will be used to move a container as defined in the Regulation (a “container”) ;
“Bob Tail” moves to or from marine terminals or container facilities in the lower mainland;
The movement of containers by truck within a yard or facility.
Section 13 requires licensees to pay company drivers the regulated rates for all such “container trucking services”.
Are the $40 Trip Rate and $50 Short Trip Rate Retroactive?Karm Jauhal2017-09-01T16:45:25-08:00
OBCCTC May 26, 2016 Repealed $40 Trip Rate Bulletin:
The Container Trucking Regulation (BC Reg 248/2014) which came into force on December 22, 2014 established certain rates of remuneration for truckers performing container trucking services for licensees. These rates included the following minimum rates:
no less than $40 per trip for directly employed operators (section 10); and
no less than $50 per trip for short trips performed by independent operators (section 12(2)).
These particular rates were only in effect from December 22, 2014 to May 13, 2015, when they were repealed by BC Reg 72/2015 (amendments to the original Container Trucking Regulation). These rates did not have retroactive application prior to December 22nd, 2014. In this bulletin I will refer to these rates together as the “Trip Rates”.
Can a licensee wait for an audit before they bring themselves into compliance?Karm Jauhal2017-09-01T16:44:34-08:00
The onus to become and remain compliant with the requirements of the Act rest entirely with the Licensee. Licensees should not rely on Commission auditors to determine whether or not they are compliant, nor should they wait until a Commission audit process is undertaken before taking steps to ensure compliance.
As employers are required by law to pay one half of CPP contributions on behalf of employees, that payment is a cost of doing business, and excluded from the definition of “benefits” in the regulation.
Can a licence holder and a trucker utilize alternate dispute resolution methods to resolve issues which are governed by the Container Trucking Act, Regulation or Container Trucking Services Licence?Karm Jauhal2017-09-01T16:42:10-08:00
Alternative dispute resolution methods such as arbitration and mediation provide an important extension of the means by which complaints under the Act and the Regulation may be resolved, and I encourage parties to consider using these alternative proceedings where appropriate. Awards and decisions which result are likely to receive deference at the OBCCTC provided that complainants are treated fairly and any outcomes which result are consistent with the principles expressed or implied in the Act and the policies of the OBCCTC.
I plan to effect a change in control of a licenced company. How will this impact the licenced company’s licence?Graphically Speaking2016-11-29T21:12:42-08:00
…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.
Can I hold back money from a driver to pay for a damaged chassis?Graphically Speaking2016-11-29T21:12:42-08:00
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.
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.
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)
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.
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.
Hourly Rate $26.30 per hour if a directly employed operator has performed less than, and $27.50 per hour if a directly employed operator has performed more than (or equal to), 2340 collective hours of container trucking services for any licensee or licensees (hourly rates are inclusive of benefits)
Callout No less than 4x the applicable hourly rate if a directly employed operator agrees, at the request of a licensee, to be available to perform container trucking services for 4 or more continuous hours in a 24-hour period
Can overtime premiums be included in the calculation of minimum wage?Graphically Speaking2017-01-04T19:42:20-08:00