603.

Approved and ordered this 25th day of Mn-ch , A.D. 1949

4 At the Executive Council Chamber, Victoria, enant-Governor.

PRESENT:

The Honourable in the Chair. Mr. Johnson Mr. Carson Mr. Pearson Mr. Kenney Mr. Putnam Mr. MacDonald Mr. Eyre 5 Mr. Straith Mr. Mr. Mr.

To His Honour The Lieutenant-Governor in Council: The undersigned has the honour to report 3

•no/Sti THAT by notice published in the B.C. Gazette and other papers, there was offered to public competition a five year charter to maintain end operate a ferry service across Queen Charlotte Channel between a point on the east shore of Hove Sound between Atkinson Point end the north boundary of the Corporation of the Dist- rict of and a point on the east coast of 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 Sannie Transportation Company Limited of Bowen Island, B.C., dated March 7th, 1949, and recommends that said tender be accepted.

AND TO RECOMMEND THAT under the authority of the "Ferries Act", R.S.R.C. 1948, Chapter 120, 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 feom the first day of April, 1949, with right of renewal for a further period of five years, 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 Act", and the regulations made from time to time pursuant thereto.

17. DATED this ;'e day of 127.4-.4-4-161 A.D. 1949.

Mari7:ter of Public Works

APPROVED this day of rAa.--4/e--4 A.D. 1949.

/frt -

Presiding Member o vs Council. GOVERNMENT OF THE PPOVINCE OF

DEPARTMENT OF PUBLIC WORKS

PUBLIC NOTICE

Tenders for Charter for Bov'on Island Ferry

PURSUANT to the "Forrios Act", Section 4, Chapter 120 of the Revised Statutes of British Columbia, 1948 and amendments thereto: thure is hereby offered to public compotition a five (5) year charter to maintain and operate a ferry service across Queen Charlotte Channel between a point on the east shore of between Atkinson Point and the North boundary of tho Corporation of the District of Vest Vancouver and a point on the east coast of Bowon Island botwoon Hood Point and Cowan Point, for a period of five (5) years from the let Day of April, 1949:-

Tho said Charter may bo subject to renewal for a further term up to five (5) years additional.

A fixod tariff of rates which the Licensee may chargo in the operation of the ferry service between those points is embodied in the Condition of Tender.

Sealed Tenders on the proper official form marked "Tender for Bowen Island Ferry Charter" and add- ressed to tho Minister of Public Works, Victoria, B.C., will bo recoivod up to 12 o'clock noon. Monday, March 14th, 1949, and Till bo opened in 'public in the office of the Minister at that time and date.

The Minister does not bind himself to accept the lowest or any Tender.

Each Tender must be accompanied by an accoptod cheque, mado payable to the Minister of Public Works, Victorir, B.C., or Government Bond, in the amount of One Thousand Dollars ($1,000.00).

Full details, forms of tonderI etc., may be obtained at the office of the under- signed, or from the office of the General Foreman, Department of Public Works, Court House, Vancouver, B.C.

N.W. Macpherson, Deputy Minister.

Department of Public Works, Parliament Buildings, Victoria, B.C. February 21st, 1949.

P.W.M. 1805. GOURNMEUT OF KITISH COLUMBIA

4 DEPARTMENT OF PUBLIC WORKS

CONDITIONS OF TOMB - BOWEN ISLAND FERNY

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 Island between Hocd Point and Cowan Point, being the Ferry "area" which was established, pursuant to the "Ferries Act" (Chapter 120, R.S.B.C., 1948.

The following are the conditons to which all tenders shall be subject:-

1. Interpretation.

In these conditions:-

"Minister" shall mean the Minister 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 moan 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 licensee at his entire expense end in accordance with these conditions.

2. Ferry-Boat The Ferry-Boat, as described in his Tender, shall be supplied, operated and 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) pass urgers. 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 alhilable 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 granting of the Licence. Conditions of Tender - Bowen Island Ferry (Page 2)

4. Ferry-3ervico (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 end navigation conditions permitting, consisting of not less than the following number of round trips per day between Horseshoe &y, at West Vancouver end Wherf (Snug) Cove on Bowen Island during the following periods of the year and shell, 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 laarf (Snuf) (dotes inclusive) Cove, Bowen Island.

April 1st to May 19th One (1) on Fridays, Saturdays and Sundays only. Nay 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 writin€ of the Minister and without any additional exienso to the Government, the Licensee eey arrenee 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 Xanuary 30th, 1934, establishing this ferry. Such extension of ferry service shell 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 botleeen the Minister and the Licensee, no ferry-service will be required under this Licence during the period from the 1st day of October 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 shell comply with the provisions of the "Canada Shilying ct" and emending Acts and Regulations there- under in every respect end, in case the said ferry-boot 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 end safe carrying cepecity in respect of the ferry- boat before commencing operation of the ferry-service an such certificate shall, thereafter, be renewed at the expense of the Licensee and filed with t1•e Minister annually prior to the first day of epril of each year. Conditions of Tender - Bowen Island Ferry (loge 3).

4. Ferry Service (continued).

(d) The said ferry-service shall, further, be subject to nlay-offs,; with the epprov,l of the Minister end to any delay or interruption of service consequent upon damage to the ferry- boat, accident, store,, adverse weather, collision, "act of GeV:, or other unforesear or unavoidable event or circumstence. (o) 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 end operate a substitute ferry-service sufficient to meet the full needs of traffic between the terminal points hereirbefore referred to. Tho boat or vessel which the Licensee may •_so for the said substitute ferry-service end the operation of the said substitute ferry-service shall comply with all the requirements of the ;;Canada 3hipriny Anti' and emendinp cts and Regulations thereunder end when the cross tonnage of the beet or vessel is less than five tons, shell comply generally end specifically with those requirements hcving 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 est Vancouver end Wharf (3nur) Cove on Bowen Island, shr.11 nGt oxceed Vlo following:-

From Terminal Point at West Vancouver to Wharf (Snug) Cove on Bowen Island..

For One-way For Round Trip Trip

Adult pessenger occh 25 cents 50 cents Child, over 6 years ,,,nd riot over 12 years of ego. each 15 cents 30 cents Child not over 6 years of age each Free Fre Passengers, personal hand baggege 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 approval of the Minister. The rates set out in Conditions of Tender may be altered and adjusted 3t any time by and at the discretion of the Minister of Public '„arks, after consultation with the Licensee.

6. Maintenance of Ferry-Boat

The Licensee shell maintain the ferry-boot, in a clean, sanitary and sea-worthy condition to the entire satisfaction of the Minister and of the Inspector of Hulls and Marine Bci]ers, strictly in accordenca with the requirements of the 1,Cen:.da and auundinc ,Ats, and will otherwise maintain the ferry-bolt, engines, equipment and fittings to the entire satisfaction of the eforescie. He will also promptly carry out at his sole exl'ense ell necessary renewals of end repairs to the acid ferry-boat. Conditions of Tender - Bowen Island Ferry (Page 4).

7. Interpretation of Satisfactory Ferry-Service.

The Minister shall be sole judge es 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 comply with these Condi- tions of Tender, then, after thirty (30) days' notice in writing to the Licensee from the Minister, the Licence shall become 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 shell keep posted in a conspicuous position on the ferry-boat end 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, Et his own expense, provide, or make all necessary arrangements for the use of safe and suit:blo lendings or wharves, satisfactory to the Minister, at each point of call, as may be necessary for the safe and efficient operation of the furry service. Such wharves or landings will not be provided by the Einister. The Licensee will be responsible, While the ferry-boat is at any landing or eherf, for taking 211 necessary precautions for the control and sefety of all persons on or using the said landings in connection with the said ferry-service, and for the proper mooring of the ferry-boot

Tenderers shell 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 thlit 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 Act", the Workman's Compensation Act", the leunicipel Act", end all amendments to said Acts and all other Acts, Regulations, By-lows, and requirements, Dominion, Provincial, or Municipal, in force or which meg come into force with respect to the ferry-service and shall comply with all such Acts, Regulations, By-laws, or requirements during the life of the Licence. (Tenderers are advised that the Ferry is a public highwcy in terms of tlite "Highway

11. Insurance

(c) The tieerwoe shell, 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 mount of $10,000.00 for any one person and 450,000.00 for ,:ny one eccident. Such insurance shell be carried in respect of each and every boat or vessel which may bo 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 and shall be filed with the Minister.

12. Service to the Public

In connection with the operation of the ferry-service, the Licensee and his ameloyees shall invariably treat the public with proper courtesy and consideration.

13. Notices and Instructions to Licensee

Any notice, order, direction or other corn unication riven to the Licens-3 under the erovisions of the Licence shall bo sufficiently given if delivered to the Licensee nersonelyj or to his officer in charge of the ferry-boat at the ti! , or sent by registered mail to the Licensee, addressed to the Licensee's last-known address or nlace of business. Any such notice or order, dirction or communication shall be su_iicient which expresses in gee eral lanevege and without detail the matters required or communicated, and no objection shall lei teken to the form th roof.

14. Commencement of Operations.

Upon eying been granted a Licence, the Licensee shall comm,ncu to operate the said ferry-service not later tan 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 120 of the Revised Statutes of British Columbia, 1948, and amending Acts, for a e:riod of five (5) .ears from t e first day of April, 1949, with right of renewal for a furtY:r period of five (5) years.

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. Assifinmant of Licence.

The Licence shill 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, equipping 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 shell be paid on completion of satisfactory ferry-service carried out by the Licensee during the period from April 1st to July 15th in any ono year end one-half of the said annual subsidy shall be paid on completion of satis- factory ferry-service carried out by the Licensee durirg the period from July 16th to September 30th in any one year.

If no subsidy is required, tenderers shall 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 he 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 AIM to be paid on or before the fifteenth day of July in each year.

'19. Inspection of Puy Rolls - Records, etc.

(a) The Licensee shell, monthly, submit a report to the Minister showing the number of trips mode and passengers carried on the ferry, using a form to be supplied by the Department for the purpose.

(b) The Licenseefs piyrolls, log, books of accounts, invoices, receipts, statements end records of traffic, etc., shell be open at all times to inspection by an authorized representative of the Minister,

(c) On reluest of the Minister, the Licensee shall submit, from time to time, to the Minister statements of profit and loss which shall show the various elements of revenue end expense in the operation of the ferry-service.

20, Spirituous 1,iquors 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 con prevent the same, any spirituous or intoxicating liquor, save only when packed and secured in cases for shipment, nor shall the Licensee permit such liquor to be consumed on the ferry-boat, nor on the wharves, landings or approaches as far as the Licensee con prevent some; end 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 and 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 and ferry-service and shall pay such employees tho standard wage prevailing in the district for the type of service rendered, as determined by the Deputy Minister of Labour of the Frovince of B.C. Conditions of Tender - Bowen Island Ferry (Page

22. Asiatics not to be omplove4 The Licensee sh;:,11 not, directly or indirectly, 3mploy any Asiatic upon or about the ferry-boat or in connection with tl- a ferry-service: the Minister may declare the Lic- nce to 1),) forfeited if this condition be disregarded. 23. Suits or Legal Actions.

Th.3 Licensee shall not brine any suit or action and shall not have ny caus3 of action Against the Minister in resnect of any matter arising under this Lie:a-Ica, 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 behrlf, for such redress as he may consider ho is entitled to. End of Condition of Tender - Bowen Island Ferry.

Department of Public Works, Victoria, B.C., February 21st, 1949.

t