NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF THE MOTOR CARRIER ACT. - and - IN THE MATTER OF THE MOTOR VEHICLE TRANSPORT ACT.

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1 DECISION AND ORDER M NSUARB 109 NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF THE MOTOR CARRIER ACT - and - IN THE MATTER OF THE MOTOR VEHICLE TRANSPORT ACT - and - IN THE MATTER OF THE APPLICATION of NOVA SCOTIA LIMITED o/a ANNAPOLIS VALLEY CHARTERS for the issue of an Extra-Provincial Operating License under the provisions of the said Acts & BEFORE: A Roland A. Deveau, Q.C., Vice Chair DECISION AND ORDER WHEREAS Nova Scotia Limited o/a Annapolis Valley Charters (Annapolis Valley Charters) filed an Application for the issue of an Extra-Provincial Operating License and the Application was received by the Clerk of the Board on March 16, 2018, requesting to operate one (1) 56-passenger motor coach and two (2) passenger minibuses for the following services: OPERATING AUTHORITY - Schedule F: F(1) SPECIALTY IRREGULAR RESTRICTED AREA PUBLIC PASSENGER CHARTER SERVICE Transportation of the Valley Major Bantam Wildcats, the Valley Major Midget Wildcats and the Valley Junior A Wildcats from Berwick, Nova Scotia to any point in Nova Scotia, one way, return or the reverse thereof. F(2) SPECIALTY IRREGULAR RESTRICTED AREA PUBLIC PASSENGER CHARTER SERVICE

2 -2- The transportation of any individual, group or organization, in particular seniors groups, student groups and non-profit organizations, from any point in Nova Scotia to any point in Nova Scotia, one way, return or the reverse thereof. AND WHEREAS under the Board s direction the Notice of Application was published in the Royal Gazette on April 4, 2018, and posted on the Board s website, and forwarded to the licensed carriers by , fax or letter; AND WHEREAS objections to the granting of the Application were received by the Board by the stated deadline of April 11,2018, including Markie Bus Tours (Markie); Absolute Charters Inc. (Absolute); Coach Atlantic Group (Coach); and Molega Tours Limited (Molega). Further, Tri-Star Charters Inc. (Tri-Star) filed an objection to the Application on April 12, 2018, and was granted standing by the Board; AND WHEREAS the Application was considered by the Board at a public hearing held on April 17,2018, at the Louis Millett Community Complex, New Minas, Nova Scotia. Graham C. Baxter and Wayne R. Hamilton testified on behalf of Annapolis Valley Charters and were cross-examined by all objectors, except Tri-Star, which did not participate in the hearing; AND WHEREAS at the conclusion of the presentation of evidence at the public hearing the parties proposed a settlement for the Board s consideration; AND WHEREAS following the hearing, the parties confirmed their agreement to the Designated Area to be served under this License and such comments were concluded on May 18, 2018; AND WHEREAS the Board is satisfied that the Application meets the factors in s. 13 of the Motor Carrier Act, IT IS ORDERED THAT: 1. The Application for issue of a Motor Carrier License is granted as set out in the attached Appendix A ; 2. The License shall be issued after Annapolis Valley Charters completes the requirements of the Motor Carrier Act and Regulations;

3 -3-3. Annapolis Valley Charters must commence operating the service within 60 days of the License being issued or the License shall be automatically rescinded, unless Annapolis Valley Charters has requested and received a prior extension of time from the Board. DATED at Halifax, Nova Scotia this 22nd day of May, Clerk of the Board

4 OPERATING AUTHORITY - Schedule F: APPENDIX A F(1) SPECIALTY IRREGULAR RESTRICTED AREA PUBLIC PASSENGER CHARTER SERVICE Transportation of the Valley Major Bantam Wildcats, the Valley Major Midget Wildcats and the Valley Junior A Wildcats from Berwick, Nova Scotia to any point in the Provinces of New Brunswick, Prince Edward Island, and Quebec as authorized thereby, one way, return or the reverse thereof. Pick-up and drop-off of players and coaches may occur at any point within Nova Scotia. F(2) SPECIALTY IRREGULAR RESTRICTED AREA PUBLIC PASSENGER CHARTER SERVICE At the discretion of Annapolis Valley Charters, it may provide back-up services, including cruise ship services, on behalf of Absolute Charters, Coach Atlantic Group, Markie Bus Tours, Molega Tours, and Tri-Star Charters, in accordance with the authorities and rates in their respective licenses; VEHICLE - Schedule E: One (1) 56-passenger 2001 Prevost Motor Coach RATES - Schedule D: D(1) RATES No fees will be charged for the transportation of the Valley Major Bantam Wildcats, Valley Major Midget Wildcats and Valley Junior A Wildcats. D(2) CHARTER RATES 56 Passenger Vehicle Rates (excluding HST and listed in $CAD): Per KM Live $2.95 Per KM Dead $2.65 Hourly Rate $ Daily Rate $1, Layover Rate $ Hour Minimum Charge $650.00

5 -5- TERMS AND CONDITIONS: 1. Minimum Charter Rates. (1) The Minimum Charter Rates apply to the operation of a Highway Motor Coach or for any vehicle if a discount/commission is used. (2) Considering all components of the License, including rates, charges, discounts and a negative FAM, at no time can the amount charged be below the following: Daily Hourly Live KM Deadhead KM 2018 $1,275 $135 $2.90 $ $1,300 $145 $2.95 $ $1,325 $155 $3.00 $2.75 (3) The Minimum Charter Rates are subject to all additional charges, including a positive FAM. (4) The Minimum Charter Rates apply to all bookings. The rates for future years take effect on January 1. (5) A carrier must not quote below the Minimum Charter Rates for the year in which a Charter Service is to be provided, regardless of when the request for services or the booking is made. (6) Carriers are not permitted to enter into contracts for charters occurring beyond December 31, 2020, without specifying in the contract that the rate may change, subject to the Board setting the Minimum Charter Rates for Highway Motor Coaches for 2021 or later. 2. Charges: (1) Single Day Charters: Charges are the greater of the total kilometres or the applicable minimum, hourly, daily, and overtime hourly rates. (2) Multi-Day Charters: Charges are the greater of the total kilometres or applicable daily and layover day rates. (3) Additional: a. all taxes, fees, tolls, parking, admissions, gratuities, etc., if not paid for directly by the charter group. b. Driver s meals and accommodations of $150 per day, if not paid directly by the charter group. c. On multi-day charters, Driver s meals of $45.00 per day, if accommodations only are paid by the charter group. d. Additional driver s costs if required.

6 -6-3. Cancellation Charges: (1) 29 or more days prior to charter date - No Charge (2) days prior to charter date - $ (3) 14 or less days prior to charter date - Full cost of charter 4. Definitions for use of the vehicle: Daily: On a single-day charter applies for the 10th hour. On multi-day charters, Daily means any part of a calendar day. Deadhead KM: Any kilometre traveled without passengers. All trips begin and end at the equipment point. Equipment Point: The carrier s place of business, currently 199 Cambridge Mountain Road, Cambridge, Nova Scotia. Highway Motor Coach: passenger vehicle which has three axles and a washroom. Hour: Any portion of an hour rounded up to the next hour. Hourly: On a single-day charter, applies to any hour from the Minimum Charge to 9 hours. Layover Day: Replaces the Daily rate on a multi-day trip when the vehicle travels 50 kilometres or less and the group remains at their location/hotel for the day. Live KM: Any kilometre traveled with passengers. Minimum Charge: Minimum amount charged to a customer. Overtime Hourly: Applies to any hour after 10 hours.