Atlantic Pilotage Tariff Regulations, 1996 (SOR/95-586)

Regulations are current to 2016-06-06 and last amended on 2016-03-11. Previous Versions

Atlantic Pilotage Tariff Regulations, 1996

SOR/95-586

PILOTAGE ACT

Registration 1995-12-13

Regulations Prescribing Tariffs of Pilotage Charges to be Paid to the Atlantic Pilotage Authority for Pilotage in Compulsory and non-Compulsory Pilotage Areas

P.C. 1995-2095 1995-12-13

Whereas the Atlantic Pilotage Authority, pursuant to section 34Footnote * 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;

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, 1981Footnote **, 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.

Short Title

 These Regulations may be cited as the Atlantic Pilotage Tariff Regulations, 1996.

Interpretation

 In these Regulations,

Authority

Authority means the Atlantic Pilotage Authority; (Administration)

berth

berth includes a wharf, pier, anchorage and mooring buoy; (poste)

breadth

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

coastal area means that part of the waters of the Atlantic Pilotage Authority area that is outside the compulsory pilotage areas and located

  • (a) in and around Nova Scotia south and southwest of Halifax,

  • (b) in the Bay of Fundy and the waters contiguous to the Bay of Fundy, or

  • (c) to the south and southwest of the outer approaches to Chedabucto Bay; (zone côtière)

compulsory pilotage area

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

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

length, in respect of a ship, means the distance, in metric units, between the fore and aft extremities of the ship; (longueur)

moulded depth

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

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

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

one-way trip means the passage of a ship from

  • (a) outside a compulsory pilotage area or non-compulsory pilotage area to any place inside that area (inward), or

  • (b) inside a compulsory pilotage area or non-compulsory pilotage area to any place outside that area (outward); (voyage simple)

pilot boat

pilot boat means a boat used by the Authority to embark or disembark pilots; (bateau-pilote)

pilotage unit

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

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.

Application

 These Regulations apply in respect of pilotage services in compulsory pilotage areas and non-compulsory pilotage areas.

Pilotage Charges

 The charges prescribed in these Regulations are the pilotage charges to be paid to the Authority.

 [Repealed, SOR/2012-29, s. 1]

Compulsory Pilotage Areas — One-Way Trips

 The 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 Z

where

X 
= a fuel charge determined by the following formula:

AFP × BFC

where

AFP 
= 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, and
BFC 
= 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; and
Z 
= the amount determined by the following formula:

(the greater of (PU × UC) and (GT × TC)) + BC

where

PU 
= the pilotage unit,
UC 
= the unit charge set out in column 3 of that item,
GT 
= the gross tonnage,
TC 
= the tonnage charge of $0.0175 per gross ton, and
BC 
= 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;
  • SOR/2013-65, s. 1.

Compulsory Pilotage Areas — Trips Through

  •  (1) If 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) + BC

    where

    PU 
    = the pilotage unit;
    UC 
    = the unit charge set out in column 4 of that item; and
    BC 
    = the basic charge set out in column 5 of that item.
  • (2) 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 Z

    where

    X 
    = a fuel charge determined by the following formula:

    AFP × BFC

    where

    AFP 
    = 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, and
    BFC 
    = 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; and
    Z 
    = the amount determined by the following formula:

    (PU × UC) + BC

    where

    PU 
    = the pilotage unit,
    UC 
    = the unit charge set out in column 4 of that item, and
    BC 
    = 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.

Compulsory Pilotage Areas — Movages

 The 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 Y

where

X 
= a fuel surcharge determined by the following formula:

AFP × BFC

where

AFP 
= 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, and
BFC 
= 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; and
Y 
= 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 + BR

where

PU 
= 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, and
BR 
= 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.

Saint 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 Y

where

X 
= a fuel surcharge determined by the following formula:

AFP × BFC

where

AFP 
= 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, and
BFC 
= 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; and
Y 
= 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 + BR

where

PU 
= the pilotage unit,
UC 
= the unit charge set out in column 4 of that item,
GT 
= the gross tonnage,
TC 
= the tonnage charge of $0.0175 per gross ton,
BC 
= the basic charge set out in column 5 of that item, and
BR 
= 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;
  • SOR/2013-65, s. 2.
 
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