Minister of the Environment Authority to Prescribe Fees or Charges Order

SI/87-210

FINANCIAL ADMINISTRATION ACT

Registration 1987-10-14

Minister of the Environment Authority to Prescribe Fees or Charges Order

P.C. 1987-1973 1987-09-24

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Treasury Board, pursuant to paragraph 13(b) of the Financial Administration Act, is pleased hereby to authorize the Minister of the Environment to prescribe, by order, the fee or charge to be paid by a person to whom a service or the use of a facility is provided by the Department of the Environment, in accordance with the terms and conditions set out in the schedule hereto.

Interpretation

 In these Terms and Conditions,

Department

Department means the Department of the Environment; (ministère)

direct costs

direct costs means all personnel costs and all other operating costs and capital costs incurred by the Department that are directly attributable to the provision of a special service by the Department; (coûts directs)

Government of Canada

Government of Canada has the same meaning as department as defined in section 2 of the Financial Administration Act; (gouvernement du Canada)

indirect costs

indirect costs means any costs to the Government of Canada, that are not direct costs and that are attributable to the provision of a special service by the Department; (coûts indirects)

Minister

Minister means the Minister of the Environment; (ministre)

person

person includes any partnership and any corporation, any university and any government other than the Government of Canada; (personne)

special service

special service means any service, information or use of facilities provided by the Department to any person regarding weather, climate, water and ice conditions, wildlife, land resources, environmental protection and resource conservation; (service spécial)

whole cost

whole cost means the sum of direct costs and indirect costs. (coût global)

Fees and Charges

 Subject to sections 3 and 4, the Minister is authorized to prescribe for a special service provided to any person, a fee or charge that is equal to the whole cost of providing that service in respect of that person.

 Subject to section 4, the Minister is authorized to prescribe for a special service provided to any person, a fee or charge that is equal to part of the whole cost of providing that service in respect of that person

  • (a) if the prescribing of a fee or charge at whole cost would have a serious detrimental effect on the income of the user of the service;

  • (b) if the prescribing of a fee or charge at whole cost would reduce the use of that service to an extent that the objective of providing the service would no longer be achieved; or

  • (c) if there is an equivalent or similar service provided commercially.

Terms and Conditions

 Where the Minister, pursuant to section 3 prescribes a fee or charge that is equal to a part of the whole cost of providing a special service, the Minister shall prescribe a fee or charge that,

  • (a) in the circumstances set out in paragraphs 3(a) and 3(b) achieves the highest level of partial cost recovery possible in those circumstances; and

  • (b) in the circumstances set out in paragraph 3(c) is equal to the commercial rate for the equivalent or similar service.

Waiver

 The Minister shall, for a special service provided to any registered charity as set out in the Income Tax Act, other than a university, waive the prescribed fee or charge.

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