1. Big Farms Inc. Is an Incorporated Farming Enterprise Located in the Sprawling Ranchlands

FACT PATTERN (Oct 2010)

1. Big Farms Inc. is an incorporated farming enterprise located in the sprawling ranchlands of British Columbia. It is a large scale farming operation that produces primarily beef cattle, hay, and feed grains. Big Farms has some unusual equipment including one vehicle that is known on the farm as the Big Blue Monster (“BBM” for short).

2. The BBM has an interesting background. In 2000, Big Farm’s business manager purchased a large blue, 1984 snub-nosed Mack truck tractor (i.e. the “truck-tractor” component of the big semi-trailer trucking rigs that we commonly see hauling freight on our highways) that had previously been used in a commercial trucking operation. The vehicle was purchased for farming and ranching use. It was registered as a "commercial vehicle" and a safety inspection certificate was obtained pursuant to the B.C. Motor Vehicle Safety and Safe Highways Act. 3. For several years, Big Farms used the BBM for hauling various agricultural products to markets throughout British Columbia and Alberta. However, in the Spring of 2007, another truck was acquired for these purposes and BBM was modified so that it could be put to different uses. In particular, the BBM’s truck frame was lengthened by several feet in order to add a short flatbed that had several three-foot high vertical iron stakes fixed at the rear. In addition, a heavy-duty hitch that would enable BBM to pull trailers and certain farm implements (such as a weed sprayer) was attached at the rear of the flatbed. Finally, a “governor” was installed in the engine which would prevent the vehicle from traveling at more than 70 kilometres per hour. 4. These modifications were designed to enable the vehicle: to haul large rolls of hay from remote farming fields to Big Farm’s hay storage facilities; and to enable the BBM to be used in the hayfields for weed spraying. 5. Big Farms began to use BBM for hay hauling, weed spraying, and manure spreading around the farm in the Summer of 2007. The registration of BBM as a “commercial vehicle” and the vehicle’s safety inspection certificate expired on July 30, 2007. Big Farms did not renew the registration of BBM as a “commercial vehicle” and did not renew the vehicle’s safety inspection certification since, as a result of the modifications to and the changed use of BBM, Big Farms felt that BBM was a “farm truck” (section 92(1) of the Motor Vehicle Safety and Safe Highways Act). 6. On September 20th, S. Smith, an employee of Big Farms, was sent to pick up hay from a Big Farm field located about 10 kilometres from the main buildings. Big Farm was so big that Smith reached the hay field by traveling on dirt tracks that wound through lands entirely owned by Big Farm. However, on the way back, Smith was in a hurry and decided to make better time by traveling part of the way (about 8 kilometres) on a local highway. Big Farm employees often used this highway to move various kinds of self-propelled or tractor-pulled farm implements (including BBM) from one Big Farm field to another, especially when the dirt track roads on the farm were wet, full of ruts or snow covered. 7. Smith was spotted by an RCMP officer (the BBM was hard to miss!) and pulled over. Upon discovering that the BBM’s vehicle safety inspection certificate had expired, the officer issued a ticket to Big Farms for contravening section 95(1) of the Motor Vehicle Safety and Safe Highways Act. The relevant legislation and other information is set out in Appendices A, B and C. [Please note: The legislation reproduced, while based on an existing statute, has been modified significantly for the purposes of this exam.]

QUESTION Consider and discuss fully the statutory interpretation issues that arise in relation to whether or not the BBM is a “farm truck” which requires a safety inspection certificate pursuant to section 93(1) of the Motor Vehicle Safety and Safe Highways Act. [In answering the Question, be sure to refer to specific techniques, tools and interpretive aids, including the B.C. Interpretation Act, that could be used to interpret relevant legislative provisions and be sure to identify “both sides” of the issue.]

APPENDIX “A”

Motor Vehicle Safety and Safe Highways Act, R.S.B.C. 1996, c. 62.

1 The purpose of this Act is to ensure the that the highways of British Columbia are safe for all those who use them. [...] Part D: Vehicle Safety Inspection Certificates 92 (1) For the purposes of section 93: […] "farm truck" means a motor vehicle (a) owned by a farmer or an incorporated farming enterprise, and

(b) that is used for transporting about the truck owner’s farm

(i) such tools, machinery, equipment and materials as are used in agricultural production on the truck owner's farm, and

(ii) such animals and animal products, poultry and poultry products, plants and plant products and products of the forest as are grown or produced on the truck owner's farms. […]

93(1) Each of the following motor vehicles is required to have a safety inspection certificate and shall be tested at least once every twelve months: 1 (a) private passenger vehicles; 2 (b) family motor coaches or motor vehicles converted to family motor coaches or similar vehicles; 3 (c) antique vehicles; 4 (d) recreational trailers or utility trailers; 5 … 6 (f) commercial vehicles, other than farm trucks; […]

95 (1) Every person commits an offence under this Act who, being the driver or registered owner of a motor vehicle on a highway that requires a safety inspection certificate,

7 (c) fails to have a current valid safety inspection certificate.

APPENDIX "B"

EXTRACT FROM HANSARD REPORTS (LEGISLATIVE ASSEMBLY OF B.C. )

Debates on the Bill 20 - Motor Vehicle Safety and Safe Highways Act

By the Minister of Highways, in answer to a question posed by the Leader of the Opposition about the Bill during discussions of the Bill at Committee Stage:

The Member of the Assembly from Prince George has suggested that this legislation does not make enough allowances for highways in rural areas and for the various needs of farming operations. I would point out to the Honourable Member that many provisions of the Act acknowledge the important role of agriculture in the province. To take one example, farmers can move their farm equipment on highways when they need to, notwithstanding that this could in some circumstances create a safety hazard to other highway users. A balance between the differing needs of many users of the highways must be struck in legislation of this kind and the needs of farmers have not been overlooked.

APPENDIX "C"

The Concise Oxford Dictionary definition of “about”:

1. “all around from outside, as in ‘go a long way about’ or ‘he is about my path’;”

2. “here and there in a place, as in ‘the flowers are dotted about the fields’ or ‘they are a well known person about town’.”

Black’s Law Dictionary, “about”:

“In connection with … locality, the term is of relative significance, varying with the circumstances.”