483.
Approved and ordered this 29th day of March , A.D. 19244
At the Executive Council Chamber, Victoria, Lieutenant-Gouer, or.
PRESENT:
The Honourable Mr. Pearson in the Chair. Mr. Ansconth Mr. Carson Mr. Perry Mr. Mr. Mr. Mr. Mr. Mr. Mr.
To His Honour • The Lieutenant.Governor in Council:
The undersigned has the honour to report:•
THAT by notice published in the B. C. Gazette and other papers, there was offered to public competition a five year charter to maintain and operate a ferry service across queen Charlotte Channel between a point on the east shore of Howe Sound between Atkinson Point and the north boundary of the Corporation of the District of West Vancouver and a point on the east coast of Bowen Island between Hood Point and Cowan Point.
THAT the Minister of Public Works reports as a result of such notice that a tender was received from the Senate Transportation Company Limited of Vancouver, B.C. , dated February 24th, 1944, and recommends that said tender be accepted.
AND TO RECOMMEND THAT under the authority of the"lerries Ant", R.S.B.C. 1936, Chapter 96 and amending Acts, a charter or license for the said ferry be granted to the said Sannie Transportation Company Limited giving them the exclusive right to operate the said ferry for a period of five years from the first day of April, 1944, upon the terms and conditions set out in the said tender from the Sannie Transportation Company Limited and the conditions of tender attached thereto (a copy of which tender and conditions are attached hereto) and subject to the provisions of the "Ferries Ant" and amending Acts, and the regulations made from time to time pursuant thrift°. pc. DATED this day of 1 A.D. 1944.
%2_,CAA
Minister of Public Works
day of A.D. 1944.
e, „en . . Presiding Member of the Executive unoil.
C GOVERNMENT OF THE PROVINCE OF BRITISH COLUYBIA
DEP.r.RTMENT OF PUBLIC ORES
PUBLIC NOTICE
Tenders for Chrter for Bowen Island Ferry
FURSU-NT to the "Ferries Act", Section 4, Chapter 96 of the Revised Statutes of British Columbia, 1936" and amendments thereto: there is hereby offered to public competi- tion a five (5) year charter to maintain and operate a ferry service across ..- ueen Charlotte Channel between a point on the east shore of Howe Sound between istkinson loint end the Forth boundary of the Corporation of the District of West Vancouver and a point on the east coast of Bowen Islend between Hood Point and Cowan Point, for e period of five (5) years from the 1st day of npril, 1944, upon the following conditions:-
A fixed tariff of rates which the Licensee may chrgo in the operation of the ferry service between these roints is embodied in the Condition of Tender.
Soeled Tenders marked '.Tender for Bowen Island Ferry Charter" and addressed to the Minister of Public Works, Victoria, will be received up to 12 o'clock noon, Wednesday, March 15th, 1944, and will be opened in public in the office of the Minister at that time end date.
To be acceptable, each Tender must be submitted on the form supplied and be signed with the actual signature of the Tenderer and must be accompanied by an accepted bank cheque, payable to the Minister of Public Works, Victorie, B.C., or Government Bond, in the amount of One Thousand Dollars (1p1,000.00): the cheques or bonds of unsuccessful tenderers will be returned to them: the cheque or bond of the successful tenderer will be retained as security for the due and faithful performance of the Conditions of Tender, to the Minister's satisfaction. Tenderers to state in their tenders the amount of annual subsidy they will require.
The Minister does not bind himself to accept any Tender.
Full details, forms of tender, etc., may be obtained at the office of the undersigned.
A. DIXON
Deputy Minister Department of Public Works, Parliament Buildings, Victoria, B.C., January 24th, 1944.
P.W. M. 1805 GOVERVITNT OF BRITISH COLUMBIA
DEPRTtrEtIT OF PUBLIC 1,"ORY3
TENDER FOR LICENCE FOR BOWEN ISL:liD FERRY
(For a licence for the operation and maintenance of a ferry (including the supplying of ferry boat or boats, ferry landings or Wharves and all necessary equipment) across Queen Charlotte Channel between a point on the east shore of Howe Sound between Atkinson point and the north boundary of the Corporation of the District of West V.ncouver and a point on the east coast of Bowen Island between Hood Point and Cowan Point, for a period of five (5) years from the let day of April, 1944)
I (We) of having full knowledge of all the matters set forth in the Conditions of Tender, hereto attached, end of the work and service required, end of the vessel and things to be provided, hereby agree to perform end supply all such work and service, and to provide the necessary ferry-boat or boats, landings or wharves, equipment and things, together with all the necessary labour, plant, tools, materials, fuel, oils end supplies of every kind, necessery to comply with the said conditions end to the entire satisfaction of the Minister of public Works for a period of five (5) years commencing the first day of April, 1944, on the understand- ing that, in terms of Clause 18 of the Conditions of Tender, and for such time as the Licence for the said ferry is in force,
(a) Will pay to the Government, for the Licence,
an annual sum or duty of
dollars ($ ).
or (b) Will be paid by the Government, an annual subsidy of dollars (i ).
Note: Re (a), if no payment to be made to Government, state "nil". Re (b), if no subsidy required, state "nil". 2
Fago 2 of Tender for Licence for Bowen Island Ferry.
I (We) attach a certified cheque in the sum of Cno Thousand Dollars (31,000.00) payable to the Minister of lublic Works, Victoria, B.C., or Government Bond in the value of $1,000.00, on the understanding that if my (our) tender is accepted, the cheque or bond will be retained as security for the due and faithful performance of the Conditions of Tender to the Minister's satisfaction.
I (We) submit the following details with regard to the Ferry-boat or boats which I (We) will use if granted the Licence for the operation of the Ferry:
(State length; breadth; gross tonnage; year built; type of construction; kind of engines; horsepower; passenger carry- ing capacity;where vessel is registered; details of current certificate of inspection; equipment. If necessary, attach additional sheet.)
(adso, if possible, attach photograph of vessel or vessels.)
Description. of Ferry-boat or boats. Page 3 of Tender for Licence for Bowen Island Ferry.
I (We) submit the following statement, giving particulars of the various ratings and qualifications of the crew or crews which I (We) propose to employ in the operation of the ferry:
LANDINGS OR WHARVES
The following are particulars of the landings or wharves which I (We) intend to use in connection with the ferry servicrD:
Description of Wharf or Landing Owned by
At Horseshoe Bay
At Wharf (Snug) Cove
INSURANCE
I (We) propose to take out the necessary insurance policle- with the following Company or Companies:
DATE OF COMMENCEMENT.
I (We) undertake to commence operation of the Ferry on April 1st, 1944, or days thereafter.
Signed (Tenderer)
Date
Business address GOVERNMENT OF BRITISH COLUITIA
DEPARTMENT OF PUBLIC 1,ORK3
CONDITIONS OF TENDER - BOWEN ISLkND FERRY
(For Licence for the operation and maintenance of ferry across .queen Charlotte Channel between a point on the east shore of Howe Sound between Atkinson Point and the north boundary of the Corporation of the District of West Vancouver and a point on the east coast of Bowen Iiland between Hood Point and Cowan Ioint, being the Ferry "area" which was established, pursuant to the "Ferries kct" (Chapter 87, R.3.B.C., 1924).
The following are the conditions to which odl tenders shall be subject:-
1. Interpretation.
In these conditions:-
"Minister" shell mean the rinister of Public Works for the Province of British Columbia for the time being or his authorized representative.
"Licence" shall mean the ferry-licence granted under the Great Seal, and by order of the Lieutenant-Governor-in-Council in accordance with Section 5 of the "Ferries Act'.
"Licensee' shall mean the person or corporation to whom the Licence is awarded for the operation and maintenance of this ferry.
"Department' shall mean the Department of Public Works for the Province of British Columbia.
"Government" shall mean the Government of the Province of British Columbia.
"Ferry-Boat"shall mean the boat, boats, vessel or vessels to be supplied, operated and maintained by the lioensei at his entire expense and in accordance with these conditions.
2. Ferry-Boat,
The Ferry-Bost, as described in his Tender, shall be supplied, operated end maintained by the Licensee at his entire expense (except as provided in Clause 18 hereof under ,Subsidy or Duty") and shall have a minimum carrying capacity of twenty (20) passengers. Convenient accommodation and shelter shall be provided on the boat for all passengers.
3. Navigation. etc.
Tenderers will make full inquiry as to all conditions of navigation of the waters on which the ferry will ply and as to landings or wharves available at each point of call, as no claim on account of lack of knowledge, insufficient detail or on any grounds whatsoever on the part of the successful tenderer will be entertained after the grentinr of the Licence. Conditions of Tender - Bowen Island Ferry (Page 2)
4. Ferry-Service
(a)Schedule The ferry-service to be provided by the Licensee shall consist of the operation of the ferry-boat on a regular schedule, weather and navigation conditions permitting, consisting of not less than the following number of round trips per day between Horseshoe Bay, at West Vancouver end Wharf (Snug) Cove on Bowen Island during the following periods of the year and shall, further, include the provi- sion by the Licensee, at his own expense, of all necessary -landing facilities:
Number of Round Trips per Day
From Horseshoe Bay, West Period of Year Vancouver, to Wharf (Snug) (dates inclusive) Cove, Bowen Island.
April 1st to May 19th One (1) on Fridays, Saturdays and Sundays only.
May 20th to June 30th Three (3) on week days: Ten (10) on Sundays.
July 1st to September 7th Six (6) on week days: Ten (10) on Sundays. September 8th to Sept. 30th. One (1) on Fridays, Saturdays and Sundays only.
With the approval in writing of the Minister and without any additional expense to the Government, the Licensee mey arrange to extend the ferry-service during the above periods of the year „by calling at other approved points within the area prescribed by Order-in-Council No. 103, approved January 30th 1934, establishing this ferry. Such extension of ferry service shall be subject, in every respect, to these Conditions of Tender.
(b) Unless otherwise provided from time to time during the life of the Licence by mutual agreement in writing between the Minister and the Licensee, no ferry-service will be required under this Licence during the period from the 1st day of Cctober of any one year to the 31st day of March of the year following.
(c)The said ferry-boat together with all additional equipment used in connection with the ferry-service and the operation of the said ferry-service shall comply with the provisions of the "Canada Shiiping Act;; and amending Acts and Regulations there- under in every respect and, in case the said ferry-boat has a tonnage of under five tons gross, the Licensee shall, at his own expense, obtain from the Dominion Government Steamship Inspector and file with the Minister a certificate of sea- worthiness and safe carrying ca'racity in respect of the ferry- boat before commencing operation of the ferry-service and such certificate shall, thereafter, be renewed at the expense of the Licensee and filed with the Minister annually prior to the first day of April of each year. Conditions of Tender - Bowen Island Ferry (Tope 3).
4. Ferry Service (continued).
(d) The said ferry-service shell, further, be subject to "lay-offs" with the approve' of the Minister and to any delay or interruption of service consequent upon demage to the ferry- boat, accident, storm, adverse weather, collision, "Act of God", or other unforeseen or unavoidable event or circumstance.
(e) During such time as the regular ferry-service may be interrupted, as provided in clause 4 (d), the Licensee shell, if required by the Minister, and weather permitting, supply and operate a substitute ferry-service sufficient to meet the full needs of traffic between the terminal points hereinbefore referred to. The boat or vessel which the Licensee may use for the said substitute ferry-service end the operation of the said substitute ferry-service shell comply with ell the requirements of the "Canada Shipping Act" and amending .ects and Regulations thereunder and when the gross tonnage of the boat or vessel 13 less than five tons, shall comply generally and specifically with those requirements having reference to vessels of five tons gross. 5. Tariff of Rates The tariff of rates which the Licensee may charge in the operation of the ferry-service between Horseshoe Bay at West Vancouver and Wharf (Snug) Cove on Bowen c1:11 not exceed thv following:-
From Terminal Point at West Vancouver to Wharf (Snug) Cove on Bowen Island.
For One-way For Round Trip Trip -
Adult passenger each 25 cents 50 cents Child, over 6 years and not over 12 years of age. each 15 cents 3( cents Child not over 6 years of age each Free Free Passengers' personal hand baggage Free Free The tariff of rates which the Licensee shall charge for ferry- service between any other approved points not named herein within the ferry area shall be subject to the epproval of the Minister.
The rates set out in Conditions of Tender may be altered and adjusted at any time by and at the discretion of the Minister of Public Works, after consultation with the Licensee. 6. Maintenance of Ferry-Boat The Licensee shall maintain the ferry-boat, In a clean, sanitary and sea-worthy condition to the eetire satisfaction of the Minister and of the Inspector of Hulls and Marine Boilers, strictly in accordance with the requirements of the "Oeneda 3hipiing Act", and amending Lets, and will otherwise maintain the ferry-boat, engines, equipment and fitt5.ngs to the entire satisfaction of the aforesaid. He will e7so promptly carry out at his sole exrense all necessary renewals of and repairs to the said ferry-boat. Conditions of Tender - Bowen Island Ferry tPage 4).
7. Interpretation of Satisfactory Ferry-Service. The Minister shall be sole judge as to what constitutes satisfactory ferry-service and maintenance of the ferry-boat. The ferry-boat shall, during the period covered by the Licence, be subject to the control of the Minister. In the event of the operation or maintenance or repair of the ferry-boat not being to the Minister's satisfaction, or in the event of the Licensee's disregarding or failing to oomply with these Condi- tions of Tender, then, after thirty (30) days' notice in writing to the Licensee from the Minister, the Licence shall beooms null and void, and the Licensee shall have no claim of any kind what- soever against the Government by reason of the cancellation of the Licence.
8. Publication of Time Schedules and Tariffs
The Licensee shall keep posted in a conspicuous position on the ferry-boat and at the terminal points a schedule setting forth the times of departure and arrival of the ferry-boat and the tariff of rates or charges.
9. Ferry Landings or Wharves
The Licensee shall, at his own expense, provide, or make all necessary arrangements for the use of safe and suitable landings or wharves, satisfactory to the Minister, at each point of call, as may be necessary for the safe and efficient operation of the ferry service. Such wharves or landings will not be provided by the Minister. The Licensee will be responsible, while the ferry-boat is at any landing or wharf, for taking all necessary precautions for the control and safety of all persons on or using the said landings in connection with the said ferry-service, and for the proper mooring of the ferry-boat
Tenderers shall state in their tenders the location and ownership of the landings or wharves which they intend to use. Before the Licence is granted, the tenderer will be required to submit satisfactory evidence to the Minister that he has the necessary authority to use such landings or wharves.
10. Compliance with Statutes and Regulations The Licensee shall fully inform himself as to the require- ments of the "Canada Shipping Act", the "Highway Act", the "Ferries Aot", the Workman's Corpensation Act", the ,TMnicipal Act", and ell amendments to said Acts and cll other Acts, Regulations, By-laws, and requirements, Dominion, Provincial, or Municipal, in force or which may come into force with respect to the ferry-service end shall comply with ell such Acts, Regulations, By-laws, or requirements during the life of the Licence. (Tenderers are advised that the Ferry is a public highway in terms of the "Highway Itct".) 11. Insurance
(a) The Licensee shall, during the life of the Licence, carry public liability insurance against injury or death to any person or persons whose injury or death is occasioned by the operation of the ferry-boat in the amount of $10,000.00 for any one person and $50,000.00 for any one accident. Such insurance shall be carried in respect of each and every boat or vessel which may be used in connection with the ferry service. Conditions of Tender - Bowen Island Ferry (Page 5).
11. Insurance (continued).
(b) All insurance policies shall be obtained from Companies licensed under the "Insurance Act" of British Columbia end shall be filed with the Minister.
12. Service to the Fulic
In connection with the operation of the ferry-service, the Licensee and his employees shell invariably treat the public with proper courtesy and consideration.
13. Notices and Instructions to Licensee
Any notice, order, direction or other communication given to the Licensee under the provisions of the Licence shall be sufficiently given if delivered to the Licensee personally, or to his officer in charge of the ferry-boat at the time, or sent by registered mail to the Licensee, addressed to the Licensee's lest-known address or place of business. Any such notice or order, direction or communication shall be sufficient Which expressos in general language end without detail the matters required or communicated, and no objection shall be taken to the form thereof.
14. Commencement of Operations.
Upon having been granted a Licence, the Licensee shell commence to operate the said ferry-service not later than the date stated in his tender.
15. Duration of Licence
The Licence will be granted, subject to the conditions and provisions of the "Ferries Act", being Chapter 87 of the Revised Statutes of British Columbia, 1924, and amending Acts, for a period of five (5) years from the first day of April, 1944.
16. No Additional Licence
During such time as the Licence is in good standing the Government will not issue any additional Licence for this ferry- service.
17. Assignment of Licence.
The Licence shall not be transferable except with the written consent of the Minister and pursuant to the said "Ferries Act" and amendments thereto.
18. Subsidy or Duty
In submitting their tenders, tenderers shall state the amount of annual subsidy (if any) they will require to be paid by the Government to the Licensee, payment of such subsidy to be conditioned on the Licensee's supplying, installing, equippir- operating, and maintaining a ferry-service in accordance with these Conditions of Tender. Conditions of Tender - Bowen Island Ferry (Page 6).
18. Subsidy or Duty (continued).
Payment of the said subsidy (if any) to the Licensee shall be in two installments; namely, one-half of the said annual subsidy shall be paid on completion of satisfactory ferry-service carried out by the Licensee during the period from April 1st to July 15th in any one year and one-half of the said annual subsidy shall be paid on completion of satis- factory ferry-service carried out by the Licensee during the period from July 16th to September 30th in any one year.
If no subsidy is required, tenderers shell state in their tenders the annual sum of duty (if any) which they will pay to the Government for the Licence. Such annual sum shall be paid by the Licensee in advance by installments as follows: one- half of the said annual sum to be paid on or before the first day of April in each year: one half of the said annual sum to be paid on or before the fifteenth day of July in each year.
19. Inspection of Pay Rolls - Records, etc.
(a) The Licensee shall, monthly, submit a report to the Minister showing the number of trips made and passengers carried on the ferry, using a form to be supplied by the Department for the purpose.
(b) The Licensee's payrolls, log, books of accounts, invoices, receipts, statements end records of traffic, etc., shell be open at all times to inspection by en authorized representative of the Minister.
(c) On request of the Minister, the Licensee shall submit, from time to time, to the Minister statements of profit end loss whir4, shall show the various elements of revenue end expense in the operation of the ferry-service.
20. Spirituous Liquors and Conduct of Employees
The Licensee shell not bring, nor permit to be brought anywhere on the ferry-boat, wharves, landings or approaches thereto, so far as the Licensee can prevent the same, any spirituous or intoxicating liquor, save only when packed and secured in cases for shipment, nor shell the Licensee permit such liquor to be consumed on the ferry-boat, nor on the wharves, landings or approaches as far os the Licensee can prevent some; and if any person employed in the operation of the ferry-service be, in the opinion of the Minister, intemperate, disorderly, incompetent, discourteous or other- wise undesirable, he shall, at the direction of the Minister, be forthwith discharged end the Licensee shall not employ any person who shall have been discharged for any or all of the said causes.
21. Employees
The Licensee shall employ only British subjects in connection with the operation and maintenance of the ferry- boat end ferry-service and shall pay such employees the standard wage prevailing in the district for the type of service rendered, as determined by the Deputy Minister of Labour of the Province of B.C. Conditions of Tender - Bowen Island Ferry (Page 7).
22. Asiatics not to be employed The Licensee shell not, directly or indirectly, employ any Asiatic upon or about the ferry-boat or in connection with the ferry-service: the Minister may declare the Licence to be forfeited if this condition be disregarded.
23. Suits or Legal Actions. The Licensee shell not bring any suit or action and shall not have any cause of action against the Minister in respect of any matter arising under this Licence, but this shall not be construed to mean that the Licensee shall be deprived of his right to petition His Majesty, under the provisions of the Statute in that behalf, for such redress as he may consider he is entitled to.
End of Condition of Tender - Bowen Island Ferry.
Department of Public Works, Victoria, B.C., January 24th, 1944.