The Honourable

k7

1r '

Hart Asselstine Leary

Mr.

Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr.

in the Chair.

1 ! 1::4: PRESI • "2.71 . 4 I. OF THE EXEC WIVE COUNCIL

. 1215.

Approved and ordered this 26 t h day of

August , A.D. 19 41.

At the Executive Council Chamber, Victoria, CLAA/Jk.r

Lieutenant-Governor.

PRESENT:

To His Honour The Lieutenant-Governor in Council:

The undersigned has the honour to report:- etc- 17/016

THAT by notice published in the B. C. Gazette and other papers, there was offered to public competition a five year charter (subject to renewal for a further term of five years) to maintain and operate a ferry service between Nanaimo and Gabriola Island, Alberni-Nanaimo Electoral District.

THAT the Minister of Public Works reports that as a result of such notice, two tenders were received, namely that of William York Higgs and Thomas Leonard Higgs, of Nanaimo, B.C., dated August 5th, 1941, and calling for an annual subsidy of Seven Thousand and Eighty Dollars ($7,080.00), and that of R.G. Good, of Nanaimo, B.C., dated August 4th, 1941, and calling for an annual subsidy of Six Thousand Five Hundred and Eighty Dollars ($6,580.00).

TEAT R.G. Good, of Nanaimo, B.C., will not be able to furnish necessary boat and equipment for commencement of ferry service September let, 1941, but William York Biggs and Thomas Leonard Higgs, of Nanaimo, B.C., current charterers, having all necessary equipment, etc. are in a position to commence operations immediately.

AND TO RECOMMEND THAT taking these matters into consideration and under the authority of the "Terries Act", R.S.B.C. 1936, Chapter 96, a charter or licence for the said ferry be granted to William York Higgs and Thomas Leonard Biggs, of Nanaimo, B.C., giving them the exclusive right to operate said ferry for a period of five years from the let day of September, 1941, upon the terms and conditions set out in their tender 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, and that the said charter or licence shall be subject to renewal at the expiration thereof for a further period of five years, in accordance with the provisions of the "Ferries Act", on such conditions as to satisfactory service and otherwise as the Lieutenant-Governor in Council may from time to time prescribe.

DATED THIS 2- 6 DAY OF A.D. 1941

MINISTER C WORES

APPROVED AT THIS DAY OF A.D. 1941

HIGGS' GABRIOLA FERRY, LTD.

Nanaimo, B.C. August 5th, 1941.

The Minister of Public Works, Parliament Buildings,

Victoria, B.C.

Dear Sir:

Re: Nanaimo - North Cabriola Ferry Service

We beg to submit herewith, our tender for the Charter in connection with the operation of the Nanaimo-North Gabriola Ferry Service. Our certified cheque in amount of $100.00, please find enclosed.

For the price tendered we would undertake to maintain a winter and summer service as per attached Schedule Card.

If it was considered necessary we are prepared to maintain three round trips per day, namely, Monday, Tuesday, Thursday and Friday; on Saturday four round trips, the last trip to leave Nanaimo at, or near, 11.15 p.m. or a time most suitable to all concerned; Sunday, two round trips, morning and afternoon.

For the added operation outlined above, we would ask an additional amount of Four Hundred Dollars annually.

LANDINGS - GABRIOLA With reference to Landing at Gabriola Island,

our understanding is that we shall be responsible for repairs caused by the uneeamanlike or careless operation of the Ferry Boat or our Servants.

NANAIMO For the amount of $1,080.00 per annum it would

be our intention to continue the month by month arrangement which exists between ourselves and the Canadian pacific Railway

(con't)

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Company, and which appears to be the most satisfactory management at &maim.

If other landing facilities are considered more suitable by the Minister, we are quite agreeable to use them.

The Ferry "ATREVIDA" plans and specifications of which were submitted when originally tendering, is the vessel proposed for this service. As a substitute Ferry for the carriage of passengers and freight only during the period the "ATREVIDA" is absent for re-fit and federal inspection, we propose to use the Ferry "CHIEF MAQUIMMA".

We have the honour to be Sir,

Obediently Yours

.6441.4A . vicea fwd. 7

V6141/Ail - Co-Tenderers

ITYH/S

GOVERNMENT OF THE PROVINCE OF BRITISH COLUMBIA

DEPARTMENT OF PUBLIC WORKS

PUBLIC NOTICE

Tenders for Charter for Gabriola Island Ferry

PURSUANT to the "Ferries Act," Section 4, Chapter 96 of the "Revised Statutes of British Columbia, 1936," there is hereby offered to public oompetition a five year charter to maintain and operate a ferry service between Gabriola Island and Nanaimo.

The said charter may be subject to renewal for a further term up to five years addi-tional.

A fixed tariff for the various types of ve-hicles, passengers, etc., carried between these points has boen set.

Sealed Tenders on the proper official form marked "Tender for Gabriola Island Ferry Charter" and addressed to the Minister of Public Works, Victoria, will be received up to 12 o'clock noon, August 5th, 1941, and will be 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 accep-ted cheque made payable to the Minister of Public Works for the sum of One Hundred Dollars ($100.00).

Full details, forms of tender, etc.. may be obtained at the office of the undersigned or from the office of the Assistant District Engineer, Department of Public Works, Ladysmith, V. I.

A. DIXON

Deputy Minister and Chief Engineer.

Department of Public Works, Parliament Buildings, Victoria, B. C.

TENDER FOR GABRIOLA ISLAND FERRY CHARTER

Thomas Leonoad P nd. I (We) yo..tai‘ 1ti;yy s_

of

having full knowledge of all matters set forth in the Conditions

of Tender. hereto attached, of the work and service required,

hereby agree to furnish the necessary vessels and perform and

supply all such service and work and find all the necessary

labour, plant, tools, and materials, fuel, oils and supplies

of every kind and description necessary to comply with the

said conditions and to the entire satisfaction of the Minister

of Public Works at the schedule of rates attached hereto and

under the following conditions, viz.:-

Description of vessel with which the ferry

service is to be maintained.

- — easeevi 1-egoy tibirC piD14

Crew to be carried.

Psi s En% Pea 'bond Z

Amount of Annual subsidy to be paid by the Provincial

Plus

Government as outlined in Clause 11 of the "Conditions

.4 ) , oo S 0 L foci to a rifirdele-4 'ea w`f pe4

of Tender" 4 to 41 0 o ,,,, ; C ougrAtn q Lt,ifz=4. Poivon, j--.

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4.::;:c- I"°°" °• f4 5 pea "Pe-seat Sc. A wc 1 u L c Ifi! nr: L

Tenderer's Signature ___Thiskittlet_s_41.,..aqrttet d_ legip_i 4.... dr L i I A nrt y •at IL .1141-,

Address till—eLEILEGte_ • 46-- - ...,‘ ,

Date — ___gul...e_s_c____.4.__1_1.2Azg_

GABRIOLA FERRY

Schedule of rates Gabriola Ferry

Passenger on foot or in vehicle Bonafide residents of Gabriola Is. only

ADULTS single .20 return .35 Children (under 12) Free

Passenger on foot or in vehicle single .25 return .40

Bicyole & Rider .25

Motoroycle & rider with or without sidecar) .50

Automobile (with driver) under 2000 lb. .75

" 3000 " 1.00

" 4000 " 1.25

over 4000 " 1.50

Trunk (with driver) light delivery empty .75 loaded .75 (plus frt.)

up to 3 tons capacity n tt 3 ti

over 3 "

empty 1.50 loaded 1.75 loaded 2.00

Trailers with two wheels .75 " four " 1.00 " four " 1.25

Projeoting loads assessed at per foot .05

Animals (not crated) with attendant horse or cattle .50 sheep or hog .15

Freight not loaded in vehicles per 100 lb. exclusive of handling charges .10

Single Horse drawn Vehicles & Driver

Sulky & to-Cart Type .75 Buckboard, Buggy & Dog Cart Type empty or

loaded 1.00 Other types light Vehicles empty 1.25

loaded 1.50

Double Horse Drawn Vehicles & Driver

Light delivery & Private Vehicles empty 1.25 loaded 1.25

Heavy Carts & Wagons empty 1.75 loaded 2.00

DEPARTMENT OF PUBLIC WORKS

Gabriola Island Ferry

Between a point at or near Nanaimo to Government's North Gabriola Island wharf on Gabriola Island.

CONDITIONS OF TENDER

Tender for Charter for Operation and Maintenance

of Ferry.

The following are the conditions to which all tenders shall be subject.

O.) Interpretation

In these conditions:--

"Charter" shall mean the ferry charter or license granted under the Government Seal and by order of the Lieutenant-Governor-in-Council in accordance with bection 5 of the "Ferries Act":

"Department" shall mean the Department of Public Works for the Province of British Columbia:

"Ferryboat" shall mean the boat or vessel supplied and equipped by the licensee for the purpose of the ferry:

"Government" shall mean the Government of the Province of British Columbia:

"Licensee" shall mean the person or corporation, to whom is awarded the Charter for the operation and maintenance of this ferry:

"Minister" shall mean the Minister of Public works of the Province of British Columbia for the time being:

(2) Navigation, etc.

Tenderers will make full enquiry as to the navigation of the waters and various channels at all seasons of the year and under all conditions, as no claim on account of lack of knowledge, insufficient detail or on any grounds whatsoever on the part of the successful ten-derer will be entertained after the granting of the charter.

(3) Ferry boat and accommodation

(a) The Ferry boat shall be of such a type and of such construction as will permit of vehicles embarking and disembarking at the side of the vessel or over the stern of the vessel where conditions warrant.

(4) Ferry Service

00 The licensee shall maintain throughout the year not less than a six-day-a-week service between Gabriola Island and Nanaimo makingat least two round trips daily from Gabriola Island at such times or between such hours

as the Minister may prescribe, subject, however, to the necessity of complying with the "Canada Shipping Act, 1906" and amending Acts with regard to the inspection of hull, boiler and machinery and the necessary number of "lay days" for docking and cleaning of hull and inspection and cleaning of boiler and machinery, provided further that this service shall also be subject to interruption by reason of marine risks or "acts of God".

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(b) except under such conditions as may be approved by the Minister, from time to time, no reservations for places on the ferry boat either by private parties or public corporations will be permitted. Service is in-tended for the convenience of the public and all vehicles on arrival at the ferry shall be assigned their places in order of priority of arrival.

(c) Upon the granting of the Charter, the licensee shall, not later than the 1st day of September, 1941, commence to supply and maintain a ferry service between the Provincial Government wharf at the north end of Gabriola Island and a point at or near Nanaimo (on Vancouver Island), without inter-ruption save for lay-offs with the approval of the Minister, and delays due to adverse weather conditions. During such lay-offs the licensee will, weather permitting, supply and operate a substitute ferry service sufficient to transport passengers, hand baggage and parcels to meet the full needs of the traffic in this respect between these points and to the entire approval of the Minister. The Licensee shall have the exclusive right to operate the said ferry for the period referred to in the Charter.

(d) Subject to the conditions of Tender generally, and to terms and tariffs of rates to be approved by the Lieutenant-Governor-in-Council, the Minister reserves the right to make arrangements with the licensee at any time during the life of the Charter for the extension of the Ferry Service by interim or regular trips to any of the islands within the limits de-lineated in red upon the map which is attached to order-in-council No. 175 approved on February 17th, 1931, establishing a ferry between the East Coast of Vancouver Island and the Islands mentioned therein.

(5) Use of Ferry Boat for other purposes

Unless with the written permission of the Minister, at no time will the licensee be permitted to use the ferry boat for any purpose whatsoever save for the carriage of passengers, vehicles and goods and that only be-tween the points hereinbefore set out or such other points as may hereafter be established by agreement between the licensee and the government.

(6) Maintenance, etc. of Ferry Boat

The licensee will be required to keep the ferry boat at all times in a clean, sanitary and sea-worthy condition to the entire satisfaction of the Minister and to the Inspector of Hulls and Marine Boilers, strictly in ac-cordance with the requirements of "The Canada Shipping Act, 1906" and amending Acts, and will maintain the ferry boat, engines, equipment and fittings, to the entire satisfaction of the aforesaid. He will also promptly carry out at his sole expense, all necessary renewals and repairs of the ferry boat. In operating the ferry service, the licensee and all his employees will at all times treat the public with proper courtesy and consideration.

(7) Ferrz_Landings

(a) The licensee will use the Provincial Government wharf at the north end of Gabriola Island situated on the south-west 1/4, Section 20, Gabriola Island, and shall, at his own expense, carry out any repair's or renewals that may be required by reason of the operation of the ferry boat.

(b) At Nanaimo: If called upon to do so, and subject to the payment of an additional annual rental referred to in clause 11 (b), the licensee shall, at his own expense, during the life of the charter provide and maintain in safe condition at Nanaimo a suitable ferry landing to the entire satisfac-tion of the Minister, for use in connection with the ferry service as a landing on Vancouver Island. The entire structure so provided, including approaches, wharf and slip and all appurtenances shall be capable at all times of carrying in safety a vehicle having a gross weight of five tons. Any structural repairs or alterations to be carried out to any existing landing or wharf for this purpose shall be subject to approval of and inspection by the Department and, upon receipt of instructions to do so, the licensee shall, forthwith, carry out such alterations, repairs or other work thereto as may be deemed necessary by the Minister.

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Alternatively suitable landing facilities may be provided by the Depart-ment at or near Nanaimo, without payment of the additional rental mentioned in clause 10 (b), under the condition that any damage caused thereto through unseamanlike conduct or carelessness in the handling of the ferry boat be made good by the licensee.

(8) Interpretation of Satisfactory Service, etc.

The Minister shall be the sole judge as to what constitutes satisfactory service and maintenance of the ferry and the ferry boat, and the operation of ferry boat shall at all times be subj4ct to the control of the Minister. In the event of the operation of the ferry landings not being to the Minister's satisfaction then, after thirty (30) days' notice in writing to the licensee from the Minister, the charter shall become null and void and the licensee shall have no claim of any kind whatsoever against the Government by reason of the cancellation of the charter.

(9) Publication of Schedules.& Rates

The licensee shall, at his own expense, advertise by Notice in the local press, by approved notice boards at each landing, and on the ferry boat the existing schedule of arrivals and departures and the tariff of rates. He will also give due notice in the local press and otherwise of all proposed changes thereto.

(10) Special Trips

Where it is considered in the public interest, or whenever an emergency occurs on Gabriola Island which may necessitate an extra ferry run, any resi-dent of the Island shall be entitled to a special trip of the ferry for which a special round-trip rate as approved by the Minister will apply.

(11) Annual Subsidy and Rental

(a) In submitting tenders, tenderers will state the amount of annual subsidy, payable quarterly by the Government, which they will require for supplying, installing, carrying out and maintaining the ferry, equipment and service as described herein and every tenderer will also set forth in a statement to be submitted with the tender the various ratings of the crew ho proposes to employ in the operation of the ferry.

(b) Tenderers will also state the amount of annual additional rental, payable quarterly, which they will require for supplying and maintaining a suitable landing, at Nanaimo, satisfactory to the Minister, in connection with the ferry service, if called upon to do so.

(12) Insurance

The licensee is required to carry public liability insurance against injury or death to any person receiving injury or death, due to the opera-tion of the ferry boat in the amounts of $10,000 for any one person and $50,000 for any one accident. He is also to carry property damage insur- ance in the amount of $10,000 for any claim for damages to property carried or used in connection with the operation of the ferry. All insurance policies shall be obtained from companies licensed under the "Insurance Act of British Columbia" and shall be filed with the Minister.

(13) Employment of British subjects and Payment of Wages,

The licensee will employ only British subjects in connection with the operation, repair, maintenance of the ferry boat, and further, all such em-ployees shall be paid the standard wage prevailing in the district for the type of service rendered as determined by the Deputy Minister of Labor of the Province.

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(14) Materials to be of B. C. Manufacture

All materials and supplies used in and about the repair or the main-tenance of the ferry boat shall be manufactured in the Province of British Columbia and shall be purchased from manufacturers, dealers and merchants located and carrying on business in the Province, provided always that if any part of such material is not manufactured or cannot be purchased within the Province, the licensee shall forthwith notify the Minister in writing of such fact and, with respect to the purchase thereof, the licensee shall comply with such directions as may be given by the Minister.

(15) Tariff of Rates

The tariff of rates which the licensee may charge in the operation of the ferry between North Gabriola Island Wharf and Nanaimo is incorporated in the tender form attached hereto, and forms a part of the "conditions of tender".

The operation by the Dominion or Provincial Governments, or their Agents, of vessels within the prescribed ferry area, whether or not a Tariff of Rates is charged, shall not be deemed to irterfere with the rights of the Charter.

Members of the Parliament of Canada and Members of the Provincial Legislature of B. C. and their personal automobiles are to be carried free of charge.

(16) Compliance with terms of "Acts"

Before submitting their bids, tenderers will fully inform theMselves as to the requirements of the "Canada Shipping Act," the "Highway Act," the "Ferries Aot," and the "Workmen's Compensation Act' and all amendments to said Acts and all Acts, regulations and requirements, Dominion or Provincial in force with respect to the proposed ferry service and shall comply with tho sane and with all such acts and regulations which may go into force at any time during the life of the ferry charter.

(17) Assignment of Charter

The charter shall not be transferable except with the written consent of the Minister and in accordance with the provisions of "Ferries Act".

(18) Payment for all Materials

The licensee shall promptly pay all amounts due for all material used and labour or services rendered in connection with the operation, maintenanct, or repair of the ferry boat and, in the event of the failure by the licensee at any time so to do, tho Minister may, at his option, retain out of any moneys due or become due under the charter, such amount as the Minister may deem sufficient to satisfy the same, or may pay the licensee the moneys due him in installments, giving him from time to time such sums as the Minister may deem sufficient to meet the amounts due and withhold the balance until the amounts due are paid, or may make all of any such payments himself, rendering to the licensee the moneys due him after deducting the payments so made.

(19) Inepeotion of Payrolls, etc.

The licensee's payrolls, log, book of accounts, invoices, receipts, statements and records of traffic shall at all times be open for inspeotion and extract by any authorized representative of the Minister, and such representative shall be assisted in every way possible by the licensee. On the request of the Minister the licensee shall from time to time submit to

the Minister statements of profit and loss which shall show the various elements of revenue and expense in the operation of the ferry.

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(20) Notices and Instructions to Licensee

Any notice, order, direction or other communication given to the licensee under the provisions of this charter, shall be sufficiently given if delivered to the licensee personally, or to his officer in charge of the ferry boat at the time, or sent 14 registered mail to the licensee, addressed to the licensee's last-known address or place of business. Any such notice, or order, direction or communication shall be sufficient which expresses in general language and without detail the matters required or communicated, and no objection shall be taken to the form thereof.

(21) Spirituous Liquors, etc.

The Licensee shall not bring, nor permit to be brought, anywhere on the ship, ferry landings, or approaches thereto so far as the licensee can prevent the same, any spirituous or intoxicating liquor, save only when packed and secured in cases for shipment and if any person employed in the operation of this ferry service be, in the opinion of the Minister, intem-perate, disorderly, incompetent, willfully negligent or dishonest in the performance of his duties 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.

(22) Employment of hsiatics, etc.

The licensee shall not directly or indirectly employ any Asiatics upon, about or in connection with the ferry service and in the event of his so doing, the Minister may declare the charter forfeited.

(23) Suits or Legal Actions

The licensee shall not bring any suit or action and shall not have any cause of action against the Minister in respect of any matter arising under this charter, 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 behalf, for such re-dress as he may consider he is entitled to.