Minister of Fisheries and Oceans Authority to Prescribe Fees or Charges Orders

SI/88-41

FINANCIAL ADMINISTRATION ACT

P.C. 1988-440  1988-03-10

Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans and the Treasury Board, pursuant to paragraph 13(b) of the Financial Administration Act, is pleased hereby to authorize the Minister of Fisheries and Oceans 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 Fisheries and Oceans, in accordance with the terms and conditions set out in the schedule hereto.

SCHEDULETerms and Conditions for the Prescribing by the Minister of Fisheries and Oceans of 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 Fisheries and Oceans

Interpretation

  • 1 In this Schedule,

    Department

    Department means the Department of Fisheries and Oceans; (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 Fisheries and Oceans; (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 the use of equipement or facilities provided by the Department to any equipement or facilities provided by the Department to any person with respect to fishing industry infrastructure, fisheries resource development, fisheries enhancement and protection, fisheries and aquaculture support, inspections, charts and navigation, oceanographic and marine science, laboratories, vessels and hatcheries; (service spécial)

    whole cost

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

Fees or Charges

  • 2 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.

  • 3 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.

  • 4 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.

  • 5 The Minister may, for a special service provided to any registered charity as defined in the Income Tax Act, waive the prescribed or charge.

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