Dry Docks Subsidies Act (R.S.C., 1985, c. D-4)

Marginal note:Subsidies for second class docks

• 10 (1) The subsidy in respect of dry docks of the second class that have been constructed under this Act shall be a sum not exceeding four and one-half per cent of the cost of the work, as fixed and determined under section 8, payable half-yearly during a period not exceeding thirty-five years from the time the Governor in Council has determined under this Act that the work has been completed.

• Marginal note:Issue of bonds

  (2) No bonds, debentures or other securities shall be issued with respect to and as a charge on any dock until it has been established to the satisfaction of the Minister that not less than one-half million dollars have been spent on the work and the material on or for the dock, and that there are no outstanding and unsettled liens, encumbrances or claims on or in respect of the dock, but thereafter the Minister may permit the issue of bonds, debentures or other securities, and any subsidy mentioned by this section may, with the approval of the Minister, be assigned to a trustee for the holder of the bonds, debentures or other securities, and the subsidy shall, in that event, be payable directly to the trustee.

• Marginal note:Idem

  (3) Until the dock has been completed to the satisfaction of the Minister, the total amount of the bonds, debentures or other securities issued shall not at any time exceed seventy-five per cent of the amount actually expended for the work and the materials on or for the dock, and in no case shall any bonds, debentures or other securities be issued without the consent in writing of the Minister.

• Marginal note:Advances during construction

  (4) Half-yearly payments on account of the subsidy at the rate of four and one-half per cent per annum on seventy-five per cent of the cost of all work done and materials provided at the time of the payment may be made during the construction of the dock, and for such period as may be determined by the Governor in Council, not exceeding thirty-five years from and including the first payment thereof, the amount of such cost to be determined by the Minister, but no payment on account shall be made until the work done and materials provided have cost the sum of at least one-half million dollars.

• Marginal note:Restrictions on payment

  (5) No payments on account shall be made unless the Minister determines that the work of construction of the dry dock with respect to which the payment is to be made has been done to the satisfaction of the Minister, and no subsidy shall be paid, except payments on account pursuant to subsection (4), unless the Governor in Council, in the manner prescribed in this Act, has determined that the work required by the agreement is completed.

• Marginal note:Total subsidy limited

  (6) The total subsidy, including payments on account during construction, shall not in any case exceed the amount of subsidy hereinbefore authorized.

• Marginal note:Payment of subsidy

  (7) When the amount actually expended for the work and the materials on or for the dock has equalled at least seventy-five per cent of the cost thereof as fixed and determined under section 8, and the Minister has certified thereto and has further certified that the work has been done to the Minister’s satisfaction, half-yearly payments on account of the subsidy at the rate of four and one-half per cent per annum may be made on ninety per cent of the cost of all work done and materials provided at the time of the payment, but in all other respects this Act applies to the issue of any bonds, debentures or other securities and to any payments on account of the subsidy during construction of the dock.

Marginal note:Subsidies for third class docks

11 The subsidy in respect of dry docks of the third class that have been constructed under this Act shall be a sum not exceeding three per cent of the cost of the work, as fixed and determined under section 8, payable each year during a period not exceeding twenty years from the time the Governor in Council has determined under this Act that the work has been completed.

Marginal note:Agreement to accord with plans

12 Any agreement under this Act shall be for the construction of a dry dock in accordance with the plans and specifications referred to in section 8.

Marginal note:Supervision of construction

• 13 (1) The work of constructing any dry dock for which a subsidy is authorized under this Act shall be done under the supervision of the Department of Public Works and Government Services, and shall be completed within the time limited by and according to the provisions of the agreement in that behalf, unless the time for construction is extended by the Governor in Council.

• Marginal note:Payment of subsidy

  (2) The subsidy referred to in subsection (1) shall be payable, during the period agreed to by the Governor in Council under this Act, from the time the Governor in Council, on a report from the Minister, determines that the work required by the agreement has been completed, and that the reception and repairing of vessels as contemplated by this Act may forthwith be proceeded with at the dock.

Marginal note:Dock to be kept in repair and working order

14 Every agreement under this Act shall include a provision that the dock shall, after completion, be kept in repair and working order by the company, and keeping in repair and working order within the meaning of this Act includes, in the case of a floating dry dock, painting and the employment of such other means to lessen and hinder corrosion of the submerged parts thereof as may be practicable.

Marginal note:Taking possession of dock if not in working order

15 Whenever it appears to the Governor in Council that any dock constructed under this Act is not in a condition of repair and working order, the Governor in Council may authorize and empower the Minister to cause possession to be taken of the dock on behalf of Her Majesty and to expend out of any unappropriated money forming part of the Consolidated Revenue Fund a sufficient sum to put the dock in a state of efficiency and repair.

Marginal note:Operation by Government

16 The Minister shall operate the dry dock after repairs are completed and while it is in the possession of Her Majesty, and shall charge and collect the tolls or rates approved under this Act in respect of the letting or hiring, operation or use of the dock or of space therein, or of any works connected therewith, and the Minister shall, after payment thereout of operating expenses and maintenance, apply the balance first in repayment of the advances made under section 15, and secondly in payment of accrued interest on bonds or other fixed obligations or securities of the company.

Marginal note:Restoration to company

17 The Governor in Council may at any time direct the delivery of possession of the said dock to the company.

Marginal note:Tolls and regulations

• 18 (1) No tolls or rates shall be charged or taken by the company in respect of the letting or hiring, operation or use of the said dock or of space therein, or of any works connected therewith, until the company has submitted a tariff of tolls or rates and the tariff has been approved by the Governor in Council, and no by-laws, rules, regulations or conditions respecting the letting, hiring, operation or use shall have any force or effect until so submitted and approved.

• Marginal note:Disallowance of tolls

  (2) The Governor in Council may at any time disallow the whole or any part of a tariff or of any by-laws, rules, regulations or conditions, and may require the company, within a specified time, to submit a tariff, or substitute other tariff, tolls, by-laws, rules, regulations or conditions in lieu thereof, and, in default, may fix a tariff or prescribe another.

Marginal note:Floating dry docks

• 19 (1) Before entering into an agreement for the construction of a floating dry dock under this Act, the Governor in Council shall ascertain from expert engineering opinion what the probable time will be during which the floating dry dock, with reasonable maintenance, will be serviceable for the reception and repairing of vessels as contemplated by this Act.

• Marginal note:Idem

  (2) Where the Governor in Council is not satisfied that, with reasonable maintenance, the dock will be serviceable as mentioned in subsection (1) for a period at least twice as long as that during which the subsidy under this Act is payable, provision shall be made in the agreement that the company shall set aside annually such sum, to be therein mentioned, as the Governor in Council may deem sufficient to provide a fund wherewith to renew the whole of the floating part of the dock at the expiration of the time at which that part of the dock ceases to be serviceable.

• Marginal note:Investment of fund

  (3) The fund described in subsection (2) shall be kept and invested in such manner as the Governor in Council may direct.

Marginal note:British and Canadian naval ships

20 On the application of the Governor in Council or any member of the Queen’s Privy Council for Canada, ships or vessels in the British Naval Service, ships or vessels of the Canadian Forces and other ships or vessels the property of or employed by Her Majesty are at all times entitled to the use of such docks in priority to all other vessels.

Marginal note:Statements to be filed by company

21 The company, before receiving the first payment of subsidy under the authority of this Act, and annually thereafter, on or before January 1, shall file in the office of the Minister a statement, verified to the satisfaction of the Minister, setting forth the financial state of the company, including a statement in detail of the receipts from every source, and the expenditures for the year.