1(1)This Regulation may be cited as the Machine Rental Regulation - Crown Construction Contracts Act.

1(2)In this Regulation

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

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:

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:

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:

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:

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:

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:

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:

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:

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.

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.