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Cargo, Fumigation and Tackle Regulations

Version of section 116 from 2007-07-01 to 2021-03-31:

  •  (1) A marine safety inspector authorized by the Minister under subsection 11(2) of the Act to carry out inspections to ensure compliance with sections 110 to 115 shall carry out an inspection of a vessel on which dangerous goods are loaded, carried or unloaded to ensure compliance with sections 110 to 115 if an interested person makes a request to the Department of Transport Marine Safety Office nearest to the vessel.

  • (2) The inspector shall provide a signed statement to the vessel’s master and the interested person

    • (a) specifying the name, registration number, port of registry and gross tonnage of the vessel;

    • (b) specifying the date of the inspection; and

    • (c) stating the results of the inspection.

  • (3) The interested person shall pay

    • (a) for an inspection, and for travelling time related to the inspection, that is carried out during the hours set out in column 1 of the table to this subsection, the greater of the fees set out in columns 2 and 3; and

    • (b) if the inspector is required to proceed to a place more than 16 km from his or her office, the cost of all the travel, lodging and meal expenditures of the inspector that he or she reasonably incurs.

    TABLE

    Column 1Column 2Column 3
    ItemHours of inspection and travelling timeFee per hour or fraction of an hour ($)Minimum fee ($)
    1Between 8:00 a.m. and 5:00 p.m., Monday to Friday, other than on a holiday4545
    2Between 5:00 p.m. and 8:00 a.m., Monday to Friday, other than on a holiday70140
    3Any hour on a Sunday99297
    4Other hours70210
  • (4) If the inspection and travelling time occur during hours that are set out in column 1 of more than one item of the table to subsection (3), the fee payable is the aggregate of the fees determined in respect of each applicable item.

  • (5) For the purposes of calculating the fee referred to in paragraph (3)(a), travelling time

    • (a) is the time required by the inspector to proceed by reasonable means of transportation between his or her office and the vessel; and

    • (b) is included only if

      • (i) the distance between the office and the vessel exceeds 16 km,

      • (ii) the travelling occurs at any time on a Saturday or holiday, or

      • (iii) the travelling occurs before 8:00 a.m. or after 5:00 p.m. on any day other than a Saturday or holiday.

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