Minister of Fisheries and Oceans Authority to Prescribe Fees or Charges Orders (SI/88-41)

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.