IMUVINCt UI• UHI IISH CC/LUMINA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 0904 , Approved and Ordered JUN 301994 Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, pursuant to the report of the Minister of Transportation and Highways on the result of a public competition held under section 5 of the Ferry Act, the ferry licence granted to Western Pacific Marine Ltd. by order in council 578/84 is hereby renewed for a period ending March 31, 1997, subject to the attached terms and conditions, and that this licence is renewable to the holder for a further period of 3 years subject to the approval of the Lieutenant Governor in Council. of Transportation and Highways Presiding Member of the Executive Council part a for adnuntaraine purpote t only and it not part o/ the Order) Authority under which Order is made: Act and section Ferry Act R.S.B.C. 1979, c. 127, s. 3 Other (specify).- C 5-7z F May 2, 1994 /94/13/pg Lieutenant-Governor Minis r of Transportation and Highways PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom Canada and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith To all whom these presents shall come, Greeting: KNOW YE that WE, under and by virtue of the authority contained in the "Ferry Act" (R.S.B.C. 1979, chapter 127), and all other powers Us thereunto enabling, and so far as We lawfully can, but not further or otherwise, DO GIVE AND GRANT unto Western Pacific Marine Limited, Vancouver, British Columbia, the exclusive right to operate a ferry service on the Fraser River to service Barnston Island, as designated by Order-in-Council No. 904 approved June 30, 1994. TO HAVE AND TO HOLD the premises unto Western Pacific Marine Limited for and during the period ending on March 31, 1997, with the proviso that renewal of the same for a further period of three (3) years may be granted, subject to the provisions of the "Ferry Act" and regulations as made and amended from time to time pursuant thereto, and upon such conditions of satisfactory service and otherwise as Our Lieutenant-Governor in Council may from time to time prescribe. IN TESTIMONY WHEREOF, We have caused these, Our letters to be made Patent, and the Great Seal of OUR PROVINCE OF BRITISH COLUMBIA to be hereunto affixed: WITNESS, the Honourable David C. Lam, Lieutenant-Governor of Our Said Province, in Our City of Victoria this 30 h day of ruIJE , 1994, and in the FORTY-THIRD YEAR OF OUR REIGN. By Command. orney General GOVERNMENT OF THE PROVINCE OF BRITISH COLUMBIA MINISTRY OF TRANSPORTATION AND HIGHWAYS MARINE BRANCH TERMS AND CONDITIONS BARNSTON ISLAND FERRY SERVICE INTENT; The intent is for the Licencee to supply a suitable tug with sufficient crew and auxiliary equipment, and provide a prompt and efficient ferry service to serve the needs of Barnston Island. 1. INTERPRETATION In these Terms and Conditions: "Barge" shall mean the barge "Barnston Island No. 3" supplied by the Ministry and operated and maintained by the Licencee. "Emergency Trip" shall mean a round trip to transport passengers or vehicles for the purposes of life, health and safety, and authorized by a law enforcement authority or the Ministry. "Ferry Area" shall mean the areas within the limits, described herein, in which the ferry service, known as "Barnston Island Ferry Service", shall operate. "Government" shall mean the Government of British Columbia. "Licence" shall mean the Licence granted under the Great Seal, and by order of the Lieutenant-Governor-in-Council in accordance with Section 5 of the Ferry Act. "Licencee" shall mean the person or corporation to whom the Licence is awarded for the operation and maintenance of this ferry service. "Marine Manager" shall mean the Marine Manager, Albion Operations, Ministry of Transportation and Highways, 23888 River Road, Albion, British Columbia, VOM 180. 1 "Minister" shall mean the Minister of Transportation and Highways for the Province of British Columbia or authorized representative. "Ministry" shall mean the Ministry of Transportation and Highways for the Province of British Columbia. "Vessel" shall mean the tug to be supplied, operated and maintained by the Licencee in accordance with these Terms and Conditions. 2. LOCATION OF THE FERRY AREA The Ferry Area is the north and south shoreline of the Fraser River for one kilometre north of Barnston Island. 3. NAVIGATION The Licencee will make full enquiry as to all conditions, in all seasons of the year, of navigation of the waters on which the vessel will ply and as to landings available as no claim on account of lack of knowledge, insufficient detail, or on any grounds whatsoever on the part of the Licencee, will be considered after the granting of the Licence. 4. VESSEL (a) To be supplied by Licencee. The Vessel will be of a tug configuration and supplied, operated and maintained by the Licencee at their expense (except as provided in Clause 11 herein under "Subsidy"). (b) To conform with Canada Shipping Act and Regulations. The Vessel, together with all additional equipment used in connection with the ferry service and the operation of the said ferry service, shall in every respect comply with the provisions of the Canada Shipping Act and Regulations, and any amending Acts and Regulations. (c) Equipment. The Vessel shall be of a suitable configuration and have sufficient horsepower to safely manoeuvre the Barge under all conditions. 2 (d) Maintenance. The Licencee, at their expense, shall maintain the Vessel in a clean, sanitary and seaworthy condition to the entire satisfaction of the Ministry and any authorized Steamship Inspector, strictly in accordance with the requirements of the Canada Shipping Act and Regulations, and any amending Acts and Regulations, and will otherwise maintain and promptly carry out all necessary renewals of and repairs to the Vessel to the entire satisfaction of the Ministry or authorized Steamship Inspector. 5. BARGE The Ministry will provide to the Licencee the sole use of the Barge which is presently in service on the ferry route for the duration of the Licence. The Barge will be supplied by the Ministry in good condition and in accordance with standards of the Canada Shipping Act and Regulations. On or before April 1, 1995, the Barge shall be drydocked by the Ministry for survey, cleaning and painting. At this time a joint survey shall be conducted by the Ministry and the Licencee to determine the condition of the Barge. The Licencee will maintain and repair the Barge, including an annual painting of all presently painted areas above the waterline and of the same colours. All repairs are to be promptly carried out to the satisfaction of the Ministry. The Barge will be supplied bare of all life saving devices and fire fighting equipment. The Licencee will be responsible to provide and maintain these items per requirements of the Canada Shipping Act and Regulations. The lifesaving equipment shall be of the inflatable raft type and shall be capable of evacuating all passengers. Any modifications to the Barge required by the Licencee to accommodate the connection of the Vessel to the Barge will be done by the Licencee at their expense and to the satisfaction of the Ministry. 6. VESSEL - SERVICE (a) Commencement of Operation. The Licencee shall commence to supply and maintain the ferry service on the 1st day of April, 1994. 3 (b) Operating Schedule. The Licencee shall supply and maintain a vehicle and passenger ferry service within the limits of the Ferry Area operating daily, on a continuous demand basis, between the hours of 6:15 am and 11:55 pm on Mondays, Tuesdays, Wednesdays and Thursdays, and between the hours of 6:15 am and 12:55 pm on Fridays, Saturdays and Sundays. (c) Special Trips. Special trips include ice clearing and positioning the Vessel for maintenance. The Licencee may voluntarily run such trips outside the hours of operation, provided that these trips shall be subject in every respect to the Terms and Conditions herein, and without any additional expense to the Government. The Licencee will at the written or verbal request of the Ministry provide assistance to maintain an ice free channel and maintain the landings free of ice. Such are considered special trips. A monthly invoice will be accepted by the Marine Manager for the number of special trip hours performed each month, at the rate of $120.00 per hour. A description of the service provided and the name of authorizing person and the times involved will be required. (d) Emergency Trips. The Licencee will, upon the request of the Surrey Police, provincial ambulance service, or the Ministry, provide an emergency service outside normal daily operating hours of the ferry service. Such emergency trips will be provided within thirty minutes of request and shall be for the duration of the emergency. A monthly invoice will be accepted by the Marine Manager for emergency trips performed each month, at the rate of $50.00 per emergency round trip or $25 per one-way emergency trip. A description of the emergency service provided and the name of authorizing person and the times involved will be required by the Marine Manager. (e) Interpretation of Satisfactory Ferry Service. The Ministry shall be sole judge as to what constitutes satisfactory ferry service and maintenance of the Vessel. If the operation or maintenance or repair of the Vessel is not to the Ministry's satisfaction, or the Licencee does not comply with these Terms and Conditions, then after thirty days notice in writing to the Licencee from the Ministry, the Licence shall become null and void, and the Licencee shall have no claim of any kind whatsoever against the Government by reason of the cancellation of the Licence.