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82-113
- Machine Rental
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Revoked on 1 December 2022
NEW BRUNSWICK
REGULATION 82-113
under the
Crown Construction Contracts Act
(O.C. 82-546)
Filed July 23, 1982
Under section 8 of the
Crown Construction Contracts Act
, the Lieutenant Governor-in-Council makes the following Regulation:
Repealed: 2021, c.38, s.37
1
(1)
This Regulation may be cited as the
Machine Rental Regulation -
Crown Construction Contracts Act
.
1
(2)
In this Regulation
“day”
means a calendar day.
(jour)
96-79
2
(1)
Rental rates in this Regulation include depreciation, interest, liability insurance, repairs, maintenance, supplies, fuels, lubricants, overhead and profit.
2
(2)
The rental rates are monthly, weekly or hourly rates and, subject to subsection (4), do not include the operator’s wages.
2
(3)
For machines hired with more than one attachment, the rate shall only include the attachment used for the purpose intended.
2
(3.1)
For machines hired with variable horsepower engines, the rate to be paid shall be based on the higher horsepower rating.
2
(3.2)
For vibratory rollers, draglines and scrapers having two rate criteria, the rate to be paid shall be based on the higher rated criteria.
2
(4)
When equipment is rented on an operated basis, the operator’s wages, which means
(
a
)
the basic wage paid the operator plus fifteen percent burden, or
(
b
)
when equipment is rented for work under contract employing the standard construction contract in Form 77-1408E, published by the Queen’s Printer, the amount determined under section 45 of the General Conditions of the contract,
shall be added to the rental cost.
2
(5)
The cost of fuel and lubricants supplied by Departments shall be deducted from the rental charge.
2
(6)
The monthly and weekly rates set out in Schedule A are based on a single ten hour or eight hour shift for each day the machinery is rented.
2
(6.1)
Monthly, weekly and hourly rental rates shall be paid in the following circumstances:
(
a
)
a monthly rental rate shall be used if machinery is rented for at least twenty-one days;
(
b
)
a weekly rental rate shall be used if machinery is rented for at least five days but not more than twenty days; and
(
c
)
an hourly rental rate shall be used if machinery is rented for fewer than five days.
2
(6.2)
Where machinery is rented for more than twenty-one days, the amount that is payable in respect of each day, for a single shift, for which the machinery is rented in excess of twenty-one days is as follows:
6.2
1
/
21
× applicable monthly rate
2
(6.3)
Where machinery is rented for five days or more but fewer than twenty-one days, the amount that is payable in respect of each day, for a single shift, for which the machinery is rented in excess of five days and up to twenty days is as follows:
6.3
1
/
5
× applicable weekly rate
2
(6.4)
Where machinery is rented on a monthly basis and is used for a double shift, the rental rate to be paid for the second shift is as follows:
6.4
1
/
21
× applicable monthly rate × .5
2
(6.5)
Where machinery is rented on a weekly basis and is used for a double shift, the rental rate to be paid for the second shift is as follows:
6.5
1
/
5
× applicable weekly rate × .5
2
(6.6)
Where machinery is rented on a monthly or weekly basis and is used for a triple 8 hour shift, the total rental rate to be paid for the two additional shifts is as follows:
(
a
)
if rented on a monthly basis
1
/
21
× applicable monthly rate
(
b
)
if rented on a weekly basis
1
/
5
× applicable weekly rate
2
(6.7)
Where machinery is rented on a monthly basis and is used in excess of a single shift or double shift, but not for a triple shift, the rental rate to be paid for those additional hours or portions of those hours for which it is used in excess of the single or double shift shall be calculated as follows:
(
a
)
for hours worked in excess of a single 10 hour shift up to a double 10 hour shift:
# hours worked/210 × applicable monthly rate
(
b
)
for hours worked in excess of a double 10 hour shift:
# hours worked/210 × applicable monthly rate × .5
(
c
)
for hours worked in excess of a single 8 hour shift up to a double 8 hour shift:
# hours worked/168 × applicable monthly rate
(
d
)
for hours worked in excess of a double 8 hour shift up to a triple 8 hour shift:
# hours worked/168 × applicable monthly rate × .5
2
(6.8)
Where machinery is rented on a weekly basis and is used in excess of a single shift or double shift, but not for a triple shift, the rental rate to be paid for those additional hours or portion of hours for which it is used in excess of the single or double shift shall be calculated as follows:
(
a
)
for hours worked in excess of a single 10 hour shift up to a double 10 hour shift:
# hours worked/50 × applicable weekly rate
(
b
)
for hours worked in excess of a double 10 hour shift:
# hours worked/50 × applicable weekly rate × .5
(
c
)
for hours worked in excess of a single 8 eight hour shift up to a double 8 hour shift:
# hours worked/40 × applicable weekly rate
(
d
)
for hours worked in excess of a double 8 eight hour shift up to a triple 8 hour shift:
# hours worked/40 × applicable weekly rate × .5
2
(6.9)
Subsections (6.4) to (6.8) apply to double or triple shifts or hours worked in excess of a single or double shift even though the shifts or hours may not be completed in the same day that the first shift was commenced.
2
(7)
Rentals shall be paid for working time only, which does not include lunch hour, but down time of less than one hour in one shift shall not be deducted.
2
(8)
When a machine is rented for a period of sixteen hours or less, reasonable transportation costs to and from the job may be paid.
2
(9)
In case of an emergency which endangers the health or safety of the public, the Departments or Agencies may negotiate a rental rate necessary to carry out the work.
92-46; 96-79
3
(1)
Subject to subsection (2), the maximum rental rates for machinery are those set out in Schedule A.
3
(2)
If the machinery to be rented is eleven model years or older, the maximum rental rate for the machinery shall be ninety per cent of the rate set out in Schedule A.
3
(3)
Subsection (2) does not apply to cranes, draglines or dump trucks.
84-180; 89-154; 96-79; 98-55
4
Machinery that may be rented in accordance with this Regulation is listed in Schedule B.
84-180; 89-154
5
Repealed: 89-154
84-180; 89-154
6
Repealed: 89-154
84-180; 89-154
7
Repealed: 89-154
84-180; 89-154
8
Repealed: 89-154
84-180; 89-154
9
Repealed: 89-154
84-180; 89-154
10
Repealed: 89-154
84-180; 89-154
11
Repealed: 89-154
84-180; 89-154
12
Repealed: 89-154
84-180; 89-154
13
Repealed: 89-154
84-180; 89-154
14
Repealed: 89-154
84-180; 89-154
15
Repealed: 89-154
84-180; 89-154
16
Repealed: 89-154
84-180; 89-154
17
Repealed: 89-154
84-180; 89-154
18
Repealed: 89-154
84-180; 89-154
19
Repealed: 89-154
84-180; 89-154
20
Repealed: 89-154
84-180; 89-154
21
Repealed: 89-154
84-180; 89-154
22
Repealed: 89-154
84-180; 89-154
23
Repealed: 89-154
84-180; 89-154
24
Repealed: 89-154
84-180; 84-223; 89-154
25
Repealed: 89-154
84-180; 89-154
26
Repealed: 89-154
84-180; 89-154
27
Repealed: 89-154
82-134; 84-180; 89-154
28
Repealed: 89-154
84-180; 89-154
29
Repealed: 89-154
89-154
30
Repealed: 89-154
89-154
31
Repealed: 89-154
89-154
32
Repealed: 89-154
82-134; 89-154
33
Repealed: 89-154
89-154
34
Repealed: 89-154
89-154
35
Repealed: 89-154
89-154
36
Repealed: 89-154
89-154
37
Repealed: 89-154
89-154
38
Repealed: 89-154
89-154
39
Repealed: 89-154
89-154
40
Repealed: 89-154
89-154
Schedule A
89-154; 96-79; 97-126; 2003-45; 2005-3; 2006-7; 2007-37; 2008-48; 2009-44; 2010-62; 2011-49; 2014-25; 2015-9; 2017-13
Schedule B
N.B.
This Regulation is consolidated to December 1, 2022.
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