PILOTAGE ACTAtlantic Pilotage Tariff Regulations, 1996Regulations Prescribing Tariffs of Pilotage Charges to be Paid to the Atlantic Pilotage Authority for Pilotage in Compulsory and non-Compulsory Pilotage AreasP.C.1995-2095199512
13
Whereas the Atlantic Pilotage Authority, pursuant to section 34* of the Pilotage Act, published in the Canada Gazette Part I on June 17, 1995 a copy of proposed Regulations prescribing tariffs of pilotage charges to be paid to the Atlantic Pilotage Authority for pilotage in compulsory and non-compulsory pilotage areas;R.S., c. 28 (3rd Supp.), ss. 307 and 359 (Sch., item 9)Whereas notices of objection to this proposed tariff was filed with the National Transportation Agency and that Agency has investigated the proposed charges and, in its Decision No. 742-W-1995 dated November 9, 1995, recommends that they be implemented;And Whereas the Atlantic Pilotage Authority, by resolution of November 21, 1995 made the Regulations to implement the proposed charges;Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 33 of the Pilotage Act, is pleased hereby to approve the repeal of the Atlantic Pilotage Tariff Regulations, approved by Order in Council P.C. 1981-108 of January 15, 1981**, and to approve the annexed Regulations prescribing tariffs of pilotage charges to be paid to the Atlantic Pilotage Authority for pilotage in compulsory and non-compulsory pilotage areas made by the Atlantic Pilotage Authority on November 21, 1995, in substitution therefor.SOR/81-72, 1981 Canada Gazette Part II, p. 145SHORT TITLEThese Regulations may be cited as the Atlantic Pilotage Tariff Regulations, 1996.INTERPRETATIONIn these Regulations,Authority means the Atlantic Pilotage Authority; (Administration)berth includes a wharf, pier, anchorage and mooring buoy; (poste)breadth, in respect of a ship, means the maximum distance, in metric units, between the outside edges of the shell platings of the ship; (largeur)coastal area means that part of the waters of the Atlantic Pilotage Authority area that is outside the compulsory pilotage areas and locatedin and around Nova Scotia south and southwest of Halifax,in the Bay of Fundy and the waters contiguous to the Bay of Fundy, orto the south and southwest of the outer approaches to Chedabucto Bay; (zone côtière)compulsory pilotage area means an area established as a compulsory pilotage area by section 3 of the Atlantic Pilotage Authority Regulations; (zone de pilotage obligatoire)dead ship means a self-propelled ship that is without the use of its propelling power or its rudder, but does not include a ship warped from one berth to another solely by means of mooring lines attached to a wharf, to the shore or to a mooring buoy; (navire mort)length, in respect of a ship, means the distance, in metric units, between the fore and aft extremities of the ship; (longueur)moulded depth, in respect of a ship, means the vertical distance, in metric units, at amidships from the top of the keel plate to the uppermost continuous deck, fore and aft, that extends to the sides of the ship and, for the purposes of this definition, the existence of tonnage openings, engine spaces or a step in the deck is not regarded as an interruption of the continuity of the deck; (creux sur quille)movage means the manoeuvring of a ship from one berth to another or back to the same berth within a compulsory pilotage area or a non-compulsory pilotage area, but does not include the warping of a ship from one berth to another solely by means of mooring lines attached to a wharf, to the shore or to a mooring buoy unless a pilot is employed; (déplacement)non-compulsory pilotage area means a port or harbour area described in Schedule 1 or a coastal area; (zone de pilotage non obligatoire)one-way trip means the passage of a ship fromoutside a compulsory pilotage area or non-compulsory pilotage area to any place inside that area (inward), orinside a compulsory pilotage area or non-compulsory pilotage area to any place outside that area (outward); (voyage simple)pilot boat means a boat used by the Authority to embark or disembark pilots; (bateau-pilote)pilotage unit, in respect of a ship, means the figure obtained by multiplying its length by its breadth and moulded depth and dividing the product by 283.17; (unité de pilotage)trip through means the continuous passage of a ship from outside a compulsory pilotage area into that area and out of that area again. (voyage via une zone de pilotage obligatoire)
SOR/98-327, s. 16.
APPLICATIONThese Regulations apply in respect of pilotage services in compulsory pilotage areas and non-compulsory pilotage areas.PILOTAGE CHARGESThe charges prescribed in these Regulations are the pilotage charges to be paid to the Authority.[Repealed, SOR/2012-29, s. 1]Previous VersionCOMPULSORY PILOTAGE AREAS — ONE-WAY TRIPSThe charge for a ship, other than a dead ship or an oil rig, for a one-way trip in a compulsory pilotage area set out in column 1 of an item of Schedule 2 is the sum of X and the greater of Y and ZwhereX= a fuel charge determined by the following formula:AFP × BFCwhereAFP= the average price, in dollars per litre, for fuel for the pilot boat used in the compulsory pilotage area, based on invoices received by the Authority for fuel supplied to the pilot boat in the calendar month that is two months before the month in which the one-way trip is undertaken, andBFC= the budgeted fuel consumption set out in column 6 of that item, or 0 if “n/a” is set out in column 6 of that item;Y= the minimum charge set out in column 2 of that item; andZ= the amount determined by the following formula:(the greater of (PU × UC) and (GT × TC)) + BCwherePU= the pilotage unit,UC= the unit charge set out in column 3 of that item,GT= the gross tonnage,TC= the tonnage charge of $0.015 per gross ton, andBC= the basic charge set out in column 4 of that item.
SOR/98-327, ss. 15, 16;
SOR/2008-241, s. 2;
SOR/2009-333, s. 1;
SOR/2011-46, s. 2;
SOR/2012-29, s. 1.
Previous VersionCOMPULSORY PILOTAGE AREAS — TRIPS THROUGHIf a pilot boat is not used, the charge for a ship, other than a dead ship or an oil rig, for a trip through a compulsory pilotage area set out in column 1 of an item of Schedule 3 is the flat charge set out in column 2 of that item or, if “n/a” is set out in column 2 of that item, the amount determined by the following formula:(PU × UC) + BCwherePU= the pilotage unit;UC= the unit charge set out in column 4 of that item; andBC= the basic charge set out in column 5 of that item.If a pilot boat is used, the charge for a ship, other than a dead ship or an oil rig, for a trip through a compulsory pilotage area set out in column 1 of an item of Schedule 3 is the sum of X and the greater of Y and ZwhereX= a fuel charge determined by the following formula:AFP × BFCwhereAFP= the average price, in dollars per litre, for fuel for the pilot boat used in the compulsory pilotage area, based on invoices received by the Authority for fuel supplied to the pilot boat in the calendar month that is two months before the month in which the trip is undertaken, andBFC= the budgeted fuel consumption set out in column 6 of that item, or 0 if “n/a” is set out in column 6 of that item;Y= the flat charge set out in column 3 of the item; andZ= the amount determined by the following formula:(PU × UC) + BCwherePU= the pilotage unit,UC= the unit charge set out in column 4 of that item, andBC= the basic charge set out in column 5 of that item.
SOR/97-453, s. 1;
SOR/98-327, ss. 15, 16;
SOR/2012-29, s. 1.
Previous VersionCOMPULSORY PILOTAGE AREAS — MOVAGESThe charge for a ship, other than a dead ship or an oil rig, for a movage in a compulsory pilotage area set out in column 1 of an item of Schedule 4 is the sum of X and the flat charge set out in column 2 of that item or, if “n/a” is set out in column 2 of that item, the sum of X and YwhereX= a fuel surcharge determined by the following formula:AFP × BFCwhereAFP= the average price, in dollars per litre, for fuel for the pilot boat used in the compulsory pilotage area, based on invoices received by the Authority for fuel supplied to the pilot boat in the calendar month that is two months before the month in which the movage is undertaken, andBFC= the budgeted fuel consumption set out in column 9 of that item, or 0 if “n/a” is set out in column 9 of that item; andY= the greater of the minimum charge set out in column 3 of that item and the amount determined by the following formula:(PU × UC) + BC + BRwherePU= the pilotage unit,UC= the unit charge set out in column 4 of that item if a pilot boat is not used or the unit charge set out in column 6 of that item if a pilot boat is used,BC= the basic charge set out in column 5 of that item if a pilot boat is not used or the basic charge set out in column 7 of that item if a pilot boat is used, andBR= the pilot boat replacement surcharge set out in column 8 of that item.
SOR/98-327, ss. 15, 16;
SOR/2008-241, s. 3;
SOR/2009-333, s. 2;
SOR/2012-29, s. 1.
Previous VersionSAINT JOHN COMPULSORY PILOTAGE AREA[SOR/2008-310, s. 1(E)]The charge for a ship, other than a dead ship or an oil rig, for a trip or movage that is in the Saint John compulsory pilotage area and is set out in column 1 of an item of Schedule 5 is the sum of X and the flat charge set out in column 2 of that item or, if “n/a” is set out in column 2 of that item, the sum of X and YwhereX= a fuel surcharge determined by the following formula:AFP × BFCwhereAFP= the average price, in dollars per litre, for fuel for the pilot boat used in the compulsory pilotage area, based on invoices received by the Authority for fuel supplied to the pilot boat in the calendar month that is two months before the month in which the trip or movage is undertaken, andBFC= the budgeted fuel consumption set out in column 7 of that item, or 0 if “n/a” is set out in column 7 of that item; andY= the greater of the minimum charge set out in column 3 of that item and the amount determined by the following formula:(the greater of (PU × UC) and (GT × TC)) + BC + BRwherePU= the pilotage unit,UC= the unit charge set out in column 4 of that item,GT= the gross tonnage,TC= the tonnage charge of $0.015 per gross ton,BC= the basic charge set out in column 5 of that item, andBR= the pilot boat replacement surcharge set out in column 6 of that item.
SOR/98-327, ss. 15, 16;
SOR/2008-241, s. 4;
SOR/2008-310, s. 2(E);
SOR/2009-333, s. 3;
SOR/2011-46, s. 3;
SOR/2012-29, s. 1.
Previous VersionCOMPULSORY PILOTAGE AREA OF VOISEY’S BAYThe pilotage charge for a ship, other than a dead ship or an oil rig, for a one-way trip or a movage that is in the compulsory pilotage area of Voisey’s Bay is $1,000 for each 24-hour period, or part of a 24-hour period.The period referred to in subsection (1) shall begin when the pilot leaves the place of dispatch and ends when the pilot returns to the place of dispatch, and includes time spent on travel that is directly related to the pilotage assignment.
SOR/2008-30, s. 1.
PORT OR HARBOUR AREAS — ONE-WAY TRIPSThe charge for a ship, other than a dead ship or an oil rig, for a one-way trip in a port or harbour area set out in column 1 of an item of Schedule 6 is the greater ofthe minimum charge set out in column 2 of that item, andthe amount determined by the following formula:PU × UCwherePU= the pilotage unit,UC= the unit charge set out in column 3 of that item.
SOR/98-327, ss. 15, 16.
PORT OR HARBOUR AREAS — MOVAGESThe charge for a ship, other than a dead ship or an oil rig, for a movage in a port or harbour area set out in column 1 of an item of Schedule 6 is the amount set out in column 4 of that item.
SOR/98-327, ss. 15, 16.
COASTAL AREAS — ONE-WAY TRIPS AND MOVAGESA charge of $573 for each 24-hour period, or part of a 24-hour period, is payable if the services of a pilot are used to pilot a ship, other than a dead ship or an oil rig, in a coastal area.The 24-hour period referred to in subsection (1)beginswhere the services are immediately preceded by pilotage services in a compulsory pilotage area or a port or harbour area described in Schedule 1, when the ship leaves that area, andin any other case, when the pilot leaves the place of dispatch;endswhere the services are immediately followed by pilotage services in a compulsory pilotage area or a port or harbour area described in Schedule 1, when the ship enters that area, andin any other case, when the pilot returns to the place of dispatch; andfor the purposes of subparagraphs (a)(ii) and (b)(ii), includes time spent on travel or delay on shore that is directly related to the pilotage assignment.Where the provision of the services referred to in subsection (1) results in the pilot being unavailable for the pilot’s normal duties and it is necessary to replace the pilot with another pilot for the period of absence, an additional charge equal to the sum of the following is payable:the amount paid by the Authority for the services of the replacement pilot, and$221 for each 24-hour period, or part of a 24-hour period, that the replacement pilot is necessary.
SOR/98-327, ss. 1, 16;
SOR/2010-244, s. 1.
Previous VersionDEAD SHIPSThe charge for a trip or movage of a dead ship is an amount equal to twice the charge that would be payable if the ship were not a dead ship.OIL RIGSThe charge for an oil rig for a one-way trip or a movage is the greater ofa minimum charge of $1,174, andthe amount determined by multiplying the pilotage unit of the oil rig by a unit charge of $1.68.PILOT BOATSThe charge for the use of a pilot boat to embark or disembark a pilot for pilotage service on an oil rig in a compulsory pilotage area set out in column 1 of an item of Schedule 2 is the basic charge set out in column 4 of that item.The charge for the use of a pilot boat if a request for the service of a pilot boat is cancelled after the pilot has embarked on the pilot boat in a compulsory pilotage area set out in column 1 of an item of Schedule 2 is the basic charge set out in column 4 of that item.The charge for the use of a pilot boat to embark or disembark a pilot for pilotage service on a safety watch in a compulsory pilotage area set out in column 1 of an item of Schedule 2 is the basic charge set out in column 4 of that item.The charge for the use of a pilot boat to embark or disembark a pilot for pilotage service in a non-compulsory pilotage area isthe basic charge set out in column 4 of that item, if the pilot boat is dispatched from a compulsory pilotage area set out in column 1 of an item of Schedule 2; andthe actual cost of hiring the pilot boat, if the pilot boat is dispatched from a non-compulsory pilotage area.
SOR/98-327, s. 2.
LOCKSA charge of $158 is payable in respect of the passage of a ship through Canso Lock or St. Peter’s Lock.
SOR/98-327, s. 2.
TRIAL TRIPSThe charge for a trial trip isfor the first three hours or less, $330; andfor each hour or part of an hour after the first three hours, $120.
SOR/98-327, s. 2;
SOR/2003-82, s. 1.
COMPASS ADJUSTMENTSThe charge for ship movements required for adjusting a ship’s compasses or calibrating a ship’s direction finders isfor the first three hours or less, $330; andfor each hour or part of an hour after the first three hours, $120.
SOR/98-327, s. 2;
SOR/2003-82, s. 2.
DRY DOCKThe charge payable where a pilot conducts a ship into or out of a dry dock, floating dock, graving dock, or onto or off of a syncrolift or a cradle is $166.DETENTION ON BOARD SHIPSubject to subsection (2), if a pilot is detained on board ship for any reason other than adverse weather conditions, the charge isfor the first hour or less of detention, no charge;for the second hour of detention or part of it, $210; andfor each hour of detention, or part of the hour, after the second hour, $120.The maximum charge payable under subsection (1) for any 24-hour period is $930.
SOR/98-327, s. 3;
SOR/2003-82, s. 3.
DETENTION ON SHOREIf pilotage services are requested and the pilot reports for duty at the pilot station and is detained there, the charge for the period of detention is $120 for each hour or less of detention, up to a maximum of $930 for any 24-hour period.The period for which the charges set out in subsection (1) are payable begins one hour after the later ofthe time at which the pilot was ordered to report at the pilot station for pilotage duty, andthe time at which the pilot actually reported at the pilot station for pilotage duty.
SOR/98-327, s. 4;
SOR/2003-82, s. 4.
DETENTION ON OIL RIGSWhere, owing to adverse weather conditions, a pilot is unable to disembark from an oil rig after the pilot has piloted the oil rig or been on duty on board the oil rig to perform a safety watch, the charge is an amount equal to the pilotage charge payable under section 13.
SOR/2001-298, s. 1(F).
TRAVEL AND OTHER EXPENSES OF PILOTSTravel, meal and lodging expenses incurred by a pilot that are directly related to a pilotage assignment are payable as pilotage charges.IN-TRANSIT CHARGESIf a pilot is carried on board ship toward the area for which pilotage service is requested, a charge is payable as follows for the period during which the pilot is on board the ship and not performing pilotage duties:for the first two hours, $210; andfor each hour, or part of an hour, after the first two hours, $120.The maximum charge payable under subsection (1) for a 24-hour period is $930.
SOR/2008-310, s. 3.
Previous VersionOVERCARRIAGE CHARGESIf a pilot is carried on board ship beyond the area for which pilotage service is requested, a charge is payable as follows for the period it takes to return the pilot to the place where the pilot was taken on board the ship:for the first two hours, $210; andfor each hour, or part of an hour, after the first two hours, $120.The maximum charge payable under subsection (1) for a 24-hour period is $930.
SOR/2008-310, s. 3.
SAFETY WATCHESIf the owner, master or agent of a ship other than an oil rig, or the Authority, requires a pilot to be on duty on board the ship for reasons relating to safety, a charge is payable as follows:for the first two hours, $210; andfor each hour, or part of an hour, after the first two hours, $120.The maximum charge payable under subsection (1) for a 15-hour period is $930.Where the owner, master or agent of an oil rig, or the Authority, requires a pilot to be on duty on board the oil rig for reasons relating to safety, the charge is the greater ofa minimum charge of $1,174, andthe amount determined by multiplying the pilotage unit of the oil rig by a unit charge of $1.68.
SOR/98-327, s. 5;
SOR/2008-310, s. 4.
Previous VersionCANCELLATIONSIf pilotage services are requested for a ship and the request is cancelled after a pilot reports for pilotage duty, the charge payable is the lesser ofthe basic charge for the pilotage area, and$900.
SOR/98-327, s. 6;
SOR/2008-310, s. 5.
Previous VersionTUGS AND BARGESFor greater certainty, where pilotage services are provided for a tug and barge or barges, the pilotage unit to be used in the formulae set out in sections 5 to 9 is the sum of the pilotage units of each ship that is subject to compulsory pilotage or in respect of which pilotage services are requested.CHARGES PER PILOTFor greater certainty, where the services of more than one pilot are used, the charges for those services shall be determined by multiplying the number of pilots by the charges prescribed in these Regulations.[Repealed, SOR/2012-29, s. 2]Previous Version[Repealed, SOR/98-327, s. 7](Section 2 and subparagraphs 11(2)(a)(i) and (b)(i))PORT AND HARBOUR AREASThe following areas are non-compulsory pilotage areas:Bathurst, New Brunswick, consisting of all the navigable waters inward of a line drawn from Carron Point to Youghall Point and all the navigable waters seaward of that line within a radius of 5.0 nautical miles;Caraquet, New Brunswick, consisting of all the navigable waters within a line drawn from Pointe de Maisonnette on a bearing of 000° (True) for a distance of 1.8 nautical miles, thence on a bearing of 070° (True) for a distance of 10.0 nautical miles and thence on a bearing of 180° (True) to Pokesudie Island Light;Belledune, New Brunswick, consisting of all the navigable waters within a line drawn from Little Belledune Point on a bearing of 000° (True) for a distance of 3.0 nautical miles, thence to latitude 47°56’ N, longitude 65°47’ W, and thence on a bearing of 180° (True) to the shore;Georgetown, Prince Edward Island, consisting of all the navigable waters within a line drawn from Boughton Island to a geographic point situated at a distance of 2.0 nautical miles on a bearing of 090° (True), thence on a bearing of 180° (True) for a distance of 5.2 nautical miles and thence on a bearing of 270° (True) to Graham Point;Pictou, Nova Scotia, consisting of all the navigable waters within a line drawn from Logan Point to a geographic point situated at a distance of 2.7 nautical miles on a bearing of 070° (True) and thence on a bearing of 161° (True) to Evans Point;Souris, Prince Edward Island, consisting of all the navigable waters within a line drawn from Deane Point to a geographic point situated at a distance of 2.0 nautical miles on a bearing of 180° (True), thence on a bearing of 270° (True) for a distance of 4.0 nautical miles and thence on a bearing of 000° (True) to Souris Head;Summerside, Prince Edward Island, consisting of all the navigable waters within a line drawn from Seacow Head to a geographic point situated at a distance of 5.5 nautical miles on a bearing of 270° (True) and thence on a bearing of 000° (True) to Sunbury Point;Chandler, Quebec, consisting of all the navigable waters within a line drawn from Chandler Government Wharf Light on a bearing of 090° (True) for a distance of 1.0 nautical mile, thence on a bearing of 108° (True) for a distance of 1.5 nautical miles, thence on a bearing of 270° (True) for a distance of 1.5 nautical miles and thence on a bearing of 000° (True) for a distance of 1.8 nautical miles to the shore; andany other port or harbour area, other than a compulsory pilotage area or a port or harbour area in or around the Province of Newfoundland and Labrador.
SOR/98-327, s. 8;
SOR/2004-318, s. 1(F).
(Sections 5 and 14)
COMPULSORY PILOTAGE AREAS — ONE-WAY TRIPS
Column 1Column 2Column 3Column 4Column 5Column 6ItemCompulsory Pilotage AreaMinimum Charge ($)Unit Charge ($/pilotage unit)Basic Charge ($)Pilot Boat Replacement Surcharge ($)Budgeted Fuel Consumption (litres)1.Miramichi, N.B.n/a6.06543.00n/an/a2.Restigouche (Zone A, Dalhousie and Zone B, Campbellton), N.B.2,650.008.982,100.00n/an/a3.Bay of Exploits (Botwood and Lewisporte), N.L.1,898.009.74925.00n/an/a4.Holyrood, N.L.1,638.005.19528.00n/an/a5.Humber Arm, N.L.1,680.008.80649.00n/an/a6.Placentia Bay, N.L.2,650.004.672,000.00n/a6007.St. John’s, N.L.1,638.005.19528.00n/an/a8.Stephenville, N.L.1,898.009.74925.00n/an/a9.Cape Breton (Zone A, Sydney), N.S.1,865.005.26909.00n/an/a10.Cape Breton (Zone B, Bras d’Or Lake), N.S.1,980.008.761,410.00n/an/a11.Cape Breton (Zones C and D, Strait of Canso), N.S.1,130.003.05825.00n/a29012.Halifax, N.S.1,281.002.25577.00n/a13013.Pugwash, N.S.n/a5.17438.00n/an/a14.Charlottetown, P.E.I.n/a3.49355.00n/an/a
Column 1Column 2Column 3Column 4Column 5Column 6Column 7Column 8Column 9ItemCompulsory Pilotage AreaFlat Charge ($)Minimum Charge ($)Unit Charge, No Pilot Boat Used ($/pilotage unit)Basic Charge, No Pilot Boat Used ($)Unit Charge, Pilot Boat Used ($/pilotage unit)Basic Charge, Pilot Boat Used ($)Pilot Boat Replacement Surcharge ($)Budgeted Fuel Consumption (litres)1.Miramichi, N.B.598.00n/an/an/an/an/an/an/a2.Restigouche (Zone A, Dalhousie and Zone B, Campbellton), N.B.n/a2,120.007.181,680.008.081,890.00n/an/a3.Bay of Exploits (Botwood and Lewisporte), N.L.n/a1,708.007.79740.008.77832.00n/an/a4.Holyrood, N.L.n/a1,474.004.15422.004.67475.00n/an/a5.Humber Arm, N.L.n/a1,512.007.04519.007.92584.00n/an/a6.Placentia Bay, N.L.(a) between Whiffen Head and Come By Chance terminalsn/a1,325.002.341,000.00n/an/an/an/a(b) any other arean/a2,385.003.741,600.004.201,800.00n/a6007.St. John’s, N.L.n/a1,474.004.15422.004.67475.00n/an/a8.Stephenville, N.L.n/a1,708.007.79740.008.77832.00n/an/a9.Cape Breton (Zone A, Sydney), N.S.n/a1,679.004.34727.004.88818.00n/an/a10.Cape Breton (Zone B, Bras d’Or Lake), N.S.n/a1,782.007.01513.007.88577.00n/an/a11.Cape Breton (Zones C and D, Strait of Canso), N.S.n/a1,017.002.44660.002.75743.00n/a29012.Halifax, N.S.n/a1,153.001.80462.002.03519.00n/a13013.Pugwash, N.S.472.00n/an/an/an/an/an/an/a14.Charlottetown, P.E.I.384.00n/an/an/an/an/an/an/a