British Columbia Ferry Services Inc. appears to be breaking the law with the fuel surcharges it announced this morning, says NDP ferry critic Gary Coons.

"I'm under the impression this is illegal," said Coons.

Ferry fares will rise by 2.5 percent on Dec. 12 on the major routes thanks to the fuel surcharge, BC Ferries announced. They will also introduce a 2.5 percent fuel surcharge on the Horseshoe Bay - Langdale route.

But last year, under heat for rising ferry fares, the provincial government amended the Coastal Ferry Act to allow time for a review of BC Ferries by Ferry Commissioner Gord Macatee. The bill put forward by Transportation Minister Blair Lekstrom included provisions to suspend BC Ferries ability to obtain extraordinary price cap increases until Oct. 1, 2012.

Increases in fuel costs are included in the Coastal Ferry Act as an example of a reason extraordinary price cap increases might be necessary.

Calls to BC Ferries, the transportation ministry and the BC Ferry Commission were not immediately returned.

"As of right now what I'm seeing is David Hahn and the board of directors of BC Ferries out of control," said Coons. "I think there should be a leadership role by the minister."

Andrew MacLeod is The Tyee’s Legislative Bureau Chief in Victoria. Reach him here.