Rulings

Below is a list of the rulings (i.e. orders, official authorizations, decisions, determinations and declarations) made by the Commission to date. You will find the text of each ruling by clicking on its name in the table (files are in PDF format, requiring Adobe Acrobat Reader)

Order or Memo Name and Section of Coastal Ferry Act (where applicable)

Date

Content

Order 07-01 under s. 40 re: final decision on price caps for performance term two

18
Sept
2007

Fare cap on major routes rises by 6.4% April 1 2008, other route groups by 4.0%.  Subsequent annual increases through April 1 2011 relate to consumer price inflation, being 3.0% and 7.1% respectively if consumer price index increases at 2% per year.

Preliminary Decision on Price Caps for Performance Term Two under s. 40

30
March
2007

Subject to final ruling by Sept. 30 2007, fare cap on major routes rises by 5.4% April 1 2008, other route groups by 3.6%.  Subsequent annual increases through April 1 2011 relate to consumer price inflation being 3.0% and 6.7% respectively if consumer price index increases at 2% per year.

Fuel Surcharge/Rebate Mechanism in Performance Term Two under s. 40

30
March
2007

Automatic Adjustment Mechanism for Fuel Surcharges or Rebates from 2008 through 2012 under which farepayers and BC Ferries share cost of fuel price fluctuations up and down

Commission Memorandum 20 under section 41(2)(b) re: return on equity for BC Ferries

17
Sept
2006

Makes preliminary ruling that BC Ferries’ pre-tax rate of return on equity to be used in setting fare caps for the second performance term (starting April 1, 2008) will be 14% p.a.

Order 06-07 under s. 55 re: capital spending on terminals for northern routes

17
Sept
2006

Declares $33.4 million in terminal alterations to meet design of the new northern vessel (see Order 06-06 below) to be reasonably required

Order 06-06 under section 55 re: a newly built vessel for the north

14
August
2006

Declares a newly built northern replacement vessel ready for service in summer 2009 to be reasonably required, at a cost of $199.7 million.

Order 06-05 under section 43 regarding service reduction on northern routes

14
July
2006

Extends a temporary and extraordinary service reduction on the north earlier authorized in Order 06-02 for the remainder of the summer, i.e. through September 30 2006, on finding BC Ferries’ search for a replacement vessel (which will not be in service before 2007) was thorough.

Order 06-04 under section 55 regarding acquisition of a used replacement vessel for the north

4
July
2006

Declares a particular used northern replacement vessel for service in summer 2007 to be reasonably required (text of Order 06-04 is to be released after purchase is completed).

Order 06-03 under section 42 regarding ferry fuel surcharges

19
June
2006

Authorizes extraordinary price cap increase of 3.2% on major route group and 9.6% on others (except Mill Bay-Brentwood Bay and Langdale-Gambier-Keats) following higher fuel price experience and outlook

Order 06-02 under section 43 regarding service reduction on northern routes

17
May
2006

Authorizes a reduction in service from May 18, 2006 on northern routes 10 and 11 for 60 days, which may be extended following a review of BC Ferries’ search for a suitable replacement vessel for the Queen of the North.

Order 06-01 under section 43 regarding service reduction on northern routes

24
April
2006

Authorizes BC Ferries to reduce service through May 18 2006 on northern routes 10 and 11 following the sinking of the Queen of the North on 22 March 2006 with resultant loss of ferry capacity.

Order 05-06 Final under section 42 regarding ferry fuel surcharges

 20
January 2006

Final Decision authorizing extraordinary price cap increases of 1.5% on the major routes and 3% on others, plus later possible increases depending on changes in future fuel prices and outlook.  Orders BC Ferries to absorb all over-target fuel cost if fuel conservation targets of 1% and 2% in next two years not met; asks for fuel conservation plan.

Order 05-06 Preliminary under section 42 regarding ferry fuel surcharges

21 December 2005

Preliminary Decision to the Final 05-06 above.

Order 05-05 under section 43 of the Act regarding a temporary reduction in service

20 November 2005

Authorizes the extension to December 20, 2005 of the temporary reduction in service authorized in Order 05-04 below.

Order 05-04 under section 43 of the Act regarding a temporary reduction in service

10
Sept
2005

Authorizes temporary reduction in service on Route 26 between Skidegate and Alliford Bay on the Queen Charlotte Islands to accommodate maintenance refit of the vessel MV Kwuna.

Order 05-02 Final under section 42 of the Act regarding fuel surcharges on fares
 

24 July 2005

Authorizes extraordinary price cap increase of 4% on the major route group and 6% on the others. Orders BC Ferries to absorb 5% of the increase in fuel costs over budget, and allows 6% interest on Deferral Account balances.

Order 05-03 under section 55 of Act

20
July
2005

Declaration that the acquisition of an intermediate class vessel on a minor route group is reasonably required and that associated capital costs will be included in setting future price caps on ferry fares.

Order 05-02, under section 42 regarding ferry fuel surcharges

24
June
2005

Preliminary Decision to the Final Order 05-02 above.

Order 05-01, regarding measurement of average ferry fares and comparison to price caps

9
February
2005

Determination of the computational methods which BC Ferries must use every quarter year for calculating: (a) an index of the average of the fares the company is currently charging for each of the 7 route groups; (b) the corresponding 7 indices of price caps which the average fare indices must not exceed (to avoid enforcement actions by the Commission).

Guidelines for BC Ferries for applications under section 55

December 2004

Lists the questions BC Ferries should answer if it wants to have the Commission  declare a proposed capital expenditure by BC Ferries (e.g. for a ship) to be “reasonably required”.  BC Ferries might make an application in order to gain assurance that the Commission will recognize the capital costs when it sets future price caps on ferry fares.

Order 04-02, regarding fuel prices and costs

28 September 2004

Authorization for BC Ferries to establish a Deferral Account for each route group to hold variations in fuel costs due to fluctuations in fuel prices about a “set price” for each group. The purpose is to stabilize BC Ferries earnings reports and help avoid temporary fuel surcharges.

Memorandum regarding Gabriola Medivac

18 September 2004

Determination that a petition by Gabriola Islanders for a ferry fare surcharge to fund after-hours medical evacuation by ferry is satisfactory assent for the surcharge; declaration that the Commission will exclude the surcharge, if made by BC Ferries on the Gabriola-Nanaimo route, from the regulated fare.

Order 04-01, under Section 55 of the Act

10
June
2004

Declaration that the acquisition of three vessels for deployment on the major route group is reasonably required and that associated capital costs will be included in setting price caps on ferry fares for the performance term starting April 1, 2008.

Order 03-01, under Section 43 of the Act

31
October
2003

Authorization for temporary reduction in service on Route 30 (between Tsawwassen and Duke Point, Nanaimo) in late November and early December 2003 and in March 2004, needed for mid-life upgrade of “C” class vessels

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