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

Similar documents
DECISION AND ORDER 2018 NSUARB 39 M08491 NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF THE MOTOR CARRIER ACT. -and-

~id J. Almon, LL.B., Member

DECISION AND ORDER 2015 NSUARB 259 M07180 NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF THE MOTOR CARRIER ACT

NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF THE MOTOR CARRIER ACT. - and NOTICE OF AMENDMENT APPLICATION

HIGHWAY TRAFFIC BOARD DECISION. File Number: Alsask Bus Services Ltd. of Alsask, Saskatchewan

A. OPERATING AUTHORITY APPLICATION INFORMATION

PROPOSED STANDING RULES Veterans of Foreign Wars Auxiliary

HALIFAX INTERNATIONAL AIRPORT AUTHORITY 2017 AERONAUTICAL RATES AND CHARGES

Check-in to China Program 2016 Terms & Conditions

To be in effect from 1 September 2017 to 31 August 2019 CONTENTS

Administration Policies & Procedures Section Commercial Ground Transportation Regulation

Nova Scotia Tourism Agency Department of Economic and Rural Development and Tourism Statement of Mandate

SKEENA TAXI LTD Saskatoon Avenue, Prince Rupert, BC V8J 4J1

Section 21 Home Leave Travel Assistance

Administration Policies & Procedures Section Commercial Ground Transportation Regulation

NEW AND IMPROVED. ROYAL CARIBBEAN Scope & Changes DEPOSITS AND FINAL PAYMENTS DEFINITIONS, SIZE REQUIREMENTS AND LIMITS

EXHIBIT C. GROUND TRANSPORTATION OPERATING RULES & REGULATIONS Dated August 28, Section 1 Introduction

Chapter 9: National Parks and Protected Areas

REGISTRAR OF PASSENGER TRANSPORTATION MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE

Appendix II-A. Canadian Sectors Covered by Article XVI of the GATS

Terms and Conditions of the Carrier

Involuntary assignments shall only be made according to the Priority of Open Trip Assignment language specified in Reserve Duty, Section 12.

One East First Street Reno, NV

Generic OpSpec A332 - DRAFT

Atlantic Treasures Self Drive 6N/7D

President s Message. I hope you enjoy these memories. Steve McCall President & CEO, CAA Atlantic

FILE NO. ANMICALGIC-1

Civil Aviation, Annual Operating and Financial Statistics, Canadian Air Carriers, Levels I to III

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL. Pres

Members of the Administrative Staff Committee. Award of Tender T Trans Canada Trail Extension

NOVA SCOTIA & THE MARITIMES with Cape Breton & Prince Edward Island 8 Days

13 DAYS. Atlantic Maritimes Tour

Pipes and Drums of Canada. Tour of Scotland. August 2018

Etihad Airways P.J.S.C.

Valencia, 17 th December 2015

THE NEWFOUNDLAND AND LABRADOR GAZETTE

Directional Tourism Signage Programme Policies

GAS TRANSPORTATION TARIFF OF MARITIMES & NORTHEAST PIPELINE LIMITED PARTNERSHIP FILED WITH NATIONAL ENERGY BOARD

Incentive Discounts Programme for Traffic Development at Sofia Airport 2018

Travel Reimbursement National Procedures

UNCW Travel Manual UNCW Travel Office 11/16/2015

Postal Standards Lettermail

Reporting Instructions FILING REQUIREMENTS

RFP # CHARTER BUS SERVICE & STUDENT GROUP TRAVEL

RESEARCH AND PLANNING FORT STEELE HERITAGE TOWN VISITOR STUDY 2007 RESULTS. May 2008

AIRPORT ACCESS PERMIT # FOR ON-DEMAND TAXICAB SERVICES AT MINETA SAN JOSE INTERNATIONAL AIRPORT BETWEEN AND THE CITY OF SAN JOSE

Attachment 1. Case 3:15-cv RBL Document 41-1 Filed 07/31/15 Page 1 of 23

Report of Protected Area in Canada

SECTION 7 HOURS OF SERVICE

Sample Terms & Conditions for special authorization licences

EXECUTIVE COUNCIL 2 NOVEMBER 2010 EC AN ACT TO AMEND THE CIVIL SERVICE SUPERANNUATION ACT DECLARATION RE

CHARTER SIGNATURE SCHOOL

9 CONSTRUCTION OF BATHURST STREET FROM GREEN LANE WEST TO SOUTH OF HIGHWAY 11, TOWN OF EAST GWILLIMBURY AND TOWNSHIP OF KING

MEMBERSHIP, ENTERING INTO AN AGREEMENT AND RESPONSIBILITIES OF THE COMPANY

Let our experience be your guide!

CAAC China. CCAR 121 Subpart P Crew members Flight and Duty time Limits, and Rest Requirements Revision Oct-2017

Broadcasting Decision CRTC

Proposed Official Plan Amendment 41 to the Region of York Official Plan

CONSOLIDATED MAY 8, 2017 CITY OF CAMPBELL RIVER PROVINCE OF BRITISH COLUMBIA BYLAW NO. 3211

Approval to Conduct Public Hearings to Increase Metrobus Charter Fee Schedule

2. By participating in this Offer, participants agree to be bound by all the terms and conditions below.

NOVA SCOTIA & THE MARITIMES

Tourism Indicators. March % Change 2017/2018. ~ = Not open / operating N/A = Not available ** = Data not comparable. Traffic

Shuttle Membership Agreement

VIA E MAIL November 21, 2008

All travel by SEARK employees is regulated by the State of Arkansas.

COUNCIL AGENDA Tuesday, August 23 rd, 2016 Lanark Highlands Municipal Office Council Chambers 75 George Street, Lanark, Ontario

DECISIONS ON AIR TRANSPORT LICENCES AND ROUTE LICENCES 4/99

Revenue Recognition Implementation Issue 2.11 NOTICE

NOVA SCOTIA CANADIAN MARITIME ADVENTURE YOUR NAME HERE September 17 25, 2017

Aboriginal Tourism Association of Canada (ATAC)

USER GUIDE Cruises Section

CIVIL AVIATION AUTHORITY, BANGLADESH

Advisory Circular. Application Guidelines for Helicopter FAA to TCCA Licence Conversion Agreement. Z U Issue No.: 01

Local Reserve Committees A New Resource Just for You!

Contents. Part 26 Amendments 6. Subpart A General Purpose... 6

Working Draft: Time-share Revenue Recognition Implementation Issue. Financial Reporting Center Revenue Recognition

SKAGIT COUNTY PUBLIC WORKS DEPARTMENT Ferry Operations Division Ferry Fare Revenue Target Report

TAXSLAYER BOWL SCHOOL FUNDRAISING PROGRAM

Short-Haul Operations Route Support Scheme (RSS)

File: /2013-Vol Senior Manager, Parks 01

University Community (faculty, staff, and students) Intercollegiate Athletics

Bloor Street West Rezoning Application for a Temporary Use By-law Final Report

Streamlined Application Decision Perimeter Seating Bus New Special Authorization

Nova Scotia Tourism Indicators August 2017

Item No Halifax Regional Council July 18, 2017

2015 ANNUAL REPORT AIRLINE CUSTOMER ADVOCATE 1 JANUARY - 31 DECEMBER

Official Journal of the European Union L 186/27

SKELLEFTEÅ AIRPORT PRICE LIST TABLE OF CONTENTS

The Vista Star and Vista Queen are available for private charters and groups from early May through mid October.

CAREERSOURCE FLORIDA BUSINESS TRAVEL REIMBURSEMENT GUIDELINES FOR BOARD MEMBERS AND STAFF

Couples Cruise, L.L.C.

Aircraft Maintenance Organisations - Certification. Contents

BC JOBS PLAN ECONOMY BACKGROUNDER. Current statistics show that the BC Jobs Plan is working: The economy is growing and creating jobs.

ASIP2 AIR SERVICE INCENTIVE PROGRAM

APPLICATION FOR A LICENCE TO OPERATE INCLUSIVE TOUR AND GROUP CHARTER INTO AND OUT OF KENYA

Sheraton Centre Toronto Hotel Motor Court - Relocation of Taxi Facilities

Decision (Applicant claims urgent public need )

We have attached a summary and the final revised changes and a new rates and fees schedule as posted to our website (

2010 Nova Scotia Visitor Exit Survey Regional Report

Transcription:

DECISION AND ORDER M08599 2018 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 3274423 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 3274423 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) 24-36 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- 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 email, 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. 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, 2018. Clerk of the Board

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 $135.00 Daily Rate $1,300.00 Layover Rate $750.00 4 Hour Minimum Charge $650.00

-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 $2.65 2019 $1,300 $145 $2.95 $2.70 2020 $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.

-6-3. Cancellation Charges: (1) 29 or more days prior to charter date - No Charge (2) 15-28 days prior to charter date - $100.00 (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: 47-58 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.