Short Title

1 This By-law may be cited as the Port Alberni Harbour Small Vessel Facilities Tariff By-law.

Interpretation

2 In this By-law,

Act

Act means the Harbour Commissions Act; (Loi)

attendant

attendant means a person appointed by the Commission to have charge of small vessel facilities and to collect rates in accordance with this By-law; (préposé)

berthage

berthage means a rate imposed on a vessel in respect of the period of time that the vessel is

• (a) moored to a small vessel facility,

• (b) occupying a berth or any space at or near a small vessel facility, or

• (c) secured in any manner to a vessel that is described in paragraph (a) or (b); (droit d’amarrage à quai)

Commission

Commission means the Port Alberni Harbour Commission; (Commission)

goods

goods means any movables other than vessels; (marchandises)

month

month means the period commencing on a date in one calendar month and terminating on the day immediately preceding the same date in the next calendar month, or, if there is no corresponding date in the next calendar month, terminating on the last day of that calendar month; (mois)

owner

owner includes

• (a) in respect of a vessel, the agent, charterer by demise or master of the vessel, and

• (b) in respect of goods, the agent, sender, consignee or bailee of the goods as well as the carrier of the goods to, upon, over or from a small vessel facility; (propriétaire)

small vessel facility

small vessel facility means wharves, floats, ramps, utilities and other services referred to in the schedule, administered by the Commission for the accommodation of small vessels; (installation pour petits bâtiments)

wharfage

wharfage means a rate imposed on goods

• (a) that are loaded on or unloaded from a vessel at a small vessel facility, or

• (b) that are placed on, conveyed across, along, over or under a small vessel facility. (quayage)

Powers of the Commission

3 The Commission, in order to accommodate a commercial fishing vessel or other commercial vessel, may at any time

• (a) refuse to accommodate a non-commercial pleasure vessel; or

• (b) require a non-commercial pleasure vessel to leave its position at a small vessel facility.

Rates

4 The rates set out in the schedule are hereby imposed for the services specified in the schedule.

• 5 (1) Subject to subsection (2), berthage is payable in respect of a vessel on the overall length of the vessel for the period during which it is berthed.

• (2) Berthage is not payable on a Canadian commercial fishing vessel that is employed exclusively in fishing during the period from May 1 to October 31 in any calendar year for the first seven days after berthing where it uses a small vessel facility for

  • (a) landing the vessel’s catch,

  • (b) obtaining supplies, or

  • (c) making repairs

  following any period of four or more days at sea.

• 6 (1) Subject to subsection (2), the rates imposed by this By-law in respect of a vessel are payable by the owner of the vessel to the Commission when they are incurred.

• (2) [Revoked, SOR/78-303, Sch. III, s. 2]

7 Where the rates on a vessel have been paid in advance and the Commission requires the vessel to vacate its position at a small vessel facility, a pro rata refund of the rates paid shall be made in respect of the unused period of berthage.

8 The rates imposed by this By-law are in addition to any other rates payable to the Commission that are imposed by any other by-law made under the Act.

Overall Length of Vessel

9 The overall length of a vessel may be determined by the attendant for the purpose of this By-law.

SCHEDULE(Sections 2 and 4)

	Column I	Column II			Column III
Item	Description	Period, Vessel Length, Unit of Measurement, Type of Facility Used and Terms of Payment			Rate in Cents
1	Berthage	(1)  Per 24 hours or less for a vessel
		(a)  not over 4.6 m			258
		(b)  over 4.6 m but not over 6.1 m			393
		(c)  over 6.1 m but not over 7.6 m			520
		(d)  over 7.6 m but not over 9.1 m			647
		(e)  over 9.1 m but not over 12.2 m			1302
		(f)  over 12.2 m			1967
		(except that no charge calculated at the daily rate shall exceed the charge that would be payable if calculated at the monthly rate)
		(2)  Monthly rate:
		(a)  per metre of vessel length			230
		(except where payment in advance is made under paragraph (b))
		(b)  where payment is made in advance for the period commencing November 1 in one year or when the vessel enters the harbour, whichever occurs later, and ending April 30 in the following year, per metre of vessel length			210
		(c)  minimum charge per month			1967
2	Electricity supply service prepaid by coin-operated meter				at current local hydro company rates

	Column I	Column II		Column III
Item	Description	Period, Vessel Length and Unit of Measurement		Rate in Cents
1	Berthage	daily basis, for each 24 hours or part thereof:
		(a)  not over 30.48 m		647
		(b)  over 30.48 m but not over 45.72 m		1302
		(c)  over 45.72 m		1967
2	Wharfage	per tonne or part thereof		126
3	Storage charges	per square metre per month
		(a)  on wharves		9
		(b)  on other areas		8

	Column I	Column II	Column III
Item	Description	Period and Unit of Measurement	Rate in Cents
1	Berthage	monthly basis, per metre of vessel length	253

PART IV[Revoked, SOR/81-62, s. 3]

	Column I	Column II		Column III
Item	Description	Period, Vessel Length, Unit of Measurement, Type of Facility Used and Terms of Payment		Rate in Cents
				Effective January 1, 1981
1	Side or stern berthage	Per 24 hours or less, for a vessel
		(a)  not over 4.6 m		258
		(b)  over 4.6 m but not over 6.1 m		393
		(c)  over 6.1 m but not over 7.6 m		520
		(d)  over 7.6 m but not over 9.1 m		647
		(e)  over 9.1 m but not over 12.2 m		1302
		(f)  over 12.2 m		1967
2	Side berthage	Per metre of vessel length per month, if paid in advance
		(a)  one-month period		427
		(b)  six-month period		393
		(c)  twelve-month period		352
3	Stern berthage	Per metre of vessel length per month, if paid in advance
		(a)  one-month period		393
		(b)  six-month period		357
		(c)  twelve-month period		323
4	Electricity supply service prepaid by coin-operated meter			at current local hydro company rates

	Column I	Column II			Column III
Item	Description	Period, Vessel Length, Unit of Measurement, Type of Facility Used and Terms of Payment			Rate in Cents
					Effective January 1, 1981
1	Side berthage	(1)  Per 24 hours or less, for a vessel
		(a)  not over 4.6 m			258
		(b)  over 4.6 m but not over 6.1 m			393
		(c)  over 6.1 m but not over 7.6 m			520
		(d)  over 7.6 m but not over 9.1 m			647
		(e)  over 9.1 m but not over 12.2 m			1302
		(f)  over 12.2 m			1967
		(2)  Per metre of vessel length per month, if paid in advance
		(a)  one-month period			485
		(b)  six-month period			450
		(c)  twelve-month period			409
2	[Revoked, SOR/83-87, s. 5]
3	Electricity supply service prepaid by coin-operated meter				at current local hydro company rates

	Column I	Column II	Column III
Item	Description	Period and Vessel Length	Rate in Cents
1	Berthage	Per metre of vessel length per month	890

• SOR/78-303, Sch. III, ss. 2, 4
• SOR/79-614, ss. 3, 4
• SOR/81-62, ss. 2 to 6
• SOR/82-41,  ss. 1 to 5
• SOR/83-87, ss. 1 to 5
• SOR/84-129, ss. 1 to 5
• SOR/85-101, ss. 1 to 5
• SOR/94-697, s. 2(F)